Short Answer

In North Carolina, you can still pursue a claim after a hit-and-run by (1) reporting the crash to law enforcement promptly and (2) opening a claim with your own auto insurer—often under uninsured motorist (UM) coverage—if the at-fault driver cannot be identified. If you later identify the driver, you may also pursue a liability claim against that driver. Act quickly because UM claims and lawsuits have notice and timing rules, and most injury lawsuits have a three-year deadline.

Understanding the Problem

If you were hit in North Carolina and the other driver left the scene, can you still file a claim to cover your injuries and vehicle damage when you only have a police report from a parking-lot crash?

Apply the Law

North Carolina law requires drivers involved in certain crashes to stop and provide information, and it requires prompt reporting of reportable crashes to the appropriate law enforcement agency. When the at-fault driver is unknown (a “hit-and-run” or “phantom” driver situation), North Carolina’s required uninsured motorist (UM) coverage can apply, but it comes with specific reporting and notice steps—especially if you end up filing suit against your insurer because the other driver cannot be identified. For injury claims, North Carolina generally gives you three years to file a lawsuit.

Key Requirements

• Prompt law-enforcement report: For a reportable crash, the driver must notify the appropriate law enforcement agency immediately by the quickest means of communication; this also helps document a hit-and-run for insurance purposes.
• UM coverage trigger when the driver is unknown: If the at-fault driver cannot be identified, you may pursue uninsured motorist benefits through your own policy, but you must follow the UM notice and information requirements.
• 24-hour (or as soon as practicable) report for unknown-driver injury UM claims: For certain UM claims based on an unknown driver, North Carolina law requires reporting the accident within 24 hours or as soon thereafter as practicable to a police/peace/judicial officer or the Commissioner of Motor Vehicles.
• Timely notice to your insurer: You must give your insurer notice of the injury, its extent, and the time/date/place, and you must provide additional reasonable information the insurer requests (with statutory protections if the insurer does not send its forms on time).
• 60-day waiting period before suing your UM insurer in an unknown-driver case: If you must file suit directly against your insurer because the driver is unknown, the statute imposes a 60-day notice/waiting rule before suit.
• Three-year lawsuit deadline (most injury/property cases): Many negligence-based personal injury and property damage lawsuits must be filed within three years under North Carolina’s general limitations statute.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Crash reporting; investigations) - Requires immediate notification to the appropriate law enforcement agency for reportable crashes and sets rules for crash reports.
• N.C. Gen. Stat. § 20-166 (Duty to stop and provide information) - Requires drivers to stop and provide identifying information/assistance after certain crashes; leaving can be a crime.
• N.C. Gen. Stat. § 20-279.21 (UM coverage; unknown driver procedures) - Requires UM coverage and includes special reporting/notice rules for unknown-driver injury claims and timing rules for suing the insurer.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period) - Provides a three-year limitations period for many personal injury and property damage claims.

Analysis

Apply the Rule to the Facts: Here, the key facts are that the crash happened in a parking lot, the other driver left, and a police report was made. That police report helps satisfy and document the “report it promptly” requirement that often matters in hit-and-run/UM situations. Because the other driver is unknown right now, the most common path is opening a claim with your own insurer and asking about uninsured motorist coverage for both injuries and vehicle damage, while preserving the option to pursue the at-fault driver later if they are identified.

Process & Timing

1. Who files: The injured person/vehicle owner (or their attorney). Where: With your auto insurance company (claims department) and, if needed, with the appropriate local law enforcement agency (police department in a city/town, or the Highway Patrol/sheriff outside a city/town). What: Open a claim; provide the crash report number/copy and basic facts; request UM claim forms if applicable. When: As soon as possible; for certain unknown-driver injury UM claims, report within 24 hours or as soon thereafter as practicable.
2. Next step: Gather and submit documentation your insurer reasonably requests (photos of damage, witness info, medical records/bills, and proof of lost time if relevant). Keep your treatment and follow-up records organized because insurers often evaluate whether the crash caused the injuries you are claiming.
3. Final step: If the claim cannot be resolved and the at-fault driver remains unknown, North Carolina law allows a lawsuit directly against the UM insurer in certain situations—but you generally must give notice and wait at least 60 days before filing that suit. If you identify the driver, you may instead pursue a standard liability claim against that driver (and their insurer), subject to the three-year statute of limitations for many injury/property claims.

Exceptions & Pitfalls

• Waiting too long to notify your insurer: Even when the law uses flexible language like “within a reasonable time,” delays can create disputes about coverage, causation, or the seriousness of injuries.
• Assuming a parking-lot hit-and-run is “property damage only”: If you later develop symptoms and seek ER or follow-up care, treat it like an injury claim and preserve UM injury requirements (including the 24-hour/as-soon-as-practicable reporting rule for certain unknown-driver UM claims).
• Not understanding the “unknown driver” lawsuit path: If the driver cannot be identified, North Carolina’s UM statute has a built-in notice and 60-day waiting period before suing the insurer in certain cases. Missing these steps can delay or complicate the case.
• Workers’ compensation overlap: If the crash ties into work-related injury issues, there may be coordination issues between benefits and auto coverage. Handle communications carefully so you do not create inconsistent records about how and when symptoms started.

Conclusion

In North Carolina, you can file a hit-and-run claim by documenting the crash with law enforcement and then pursuing coverage through your own auto insurer—often under uninsured motorist coverage when the other driver cannot be identified. The key requirements are prompt reporting, timely notice to your insurer, and following the UM statute’s notice/waiting rules if an unknown-driver case requires a lawsuit. Next step: open a UM claim with your insurer and provide the police report, then act promptly to protect the three-year filing deadline for most injury claims.

Talk to a Personal Injury Attorney

If you're dealing with a hit-and-run crash and need to figure out how to use uninsured motorist coverage and meet the right notice and timing rules, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.