What Coverage Questions Usually Mean
When you were a passenger in your own car, there are often two tracks happening at the same time: (1) a claim against the rear driver’s liability insurance for your injuries, and (2) possible first-party benefits under your own policy that can help if the other driver has no insurance, not enough insurance, or if certain medical-related benefits apply. Filing “a claim” usually means opening the right claim(s) with the right insurer(s) and making sure the paperwork and proof line up with what North Carolina law requires.
Common Potential Sources of Payment (High-Level)
- At-fault driver’s liability coverage: In a rear-end crash, the starting point is typically a bodily injury claim against the driver who hit your vehicle.
- Uninsured motorist (UM) coverage: If the at-fault driver has no liability insurance (or the situation legally qualifies as “uninsured”), your own UM coverage may apply. North Carolina requires UM coverage in most personal auto policies issued in the state. N.C. Gen. Stat. § 20-279.21
- Underinsured motorist (UIM) coverage: If the at-fault driver has insurance but it is not enough to cover the full value of the injury claim, your own UIM coverage may come into play after the liability coverage is used up (how that works can be technical, so it’s worth getting guidance before signing any settlement paperwork). N.C. Gen. Stat. § 20-279.21
- Medical payments coverage / similar benefits (if you have it): Some policies include a medical-payments-type benefit that can help with medical bills regardless of fault. Whether it exists and how it applies depends on the policy, so avoid assuming it is available until you confirm the declarations page.
- Health insurance as an immediate payer: Many people use health insurance for treatment while the injury claim is pending, then the injury claim is used to reimburse medical expenses as part of the overall damages (the details vary and can involve reimbursement issues).
Information to Gather
- Insurance basics: A copy of your declarations page (or at least your policy number), and the at-fault driver’s insurance information if you have it.
- Crash basics: Date, general location (Durham area is fine), and a short description (rear-ended while stopped). Photos of vehicle damage and the scene help if you have them.
- Occupant roles: Note that you were the owner and a passenger, and identify who was driving (without naming them in writing if you’re sharing publicly).
- Medical timeline: ER visit date, follow-up visit dates, imaging dates, and the main symptoms you reported (for example: back pain, headaches, hand/wrist pain). Keep it factual and consistent.
- Work and life impact: Dates missed from work, any written work restrictions, and practical impacts like loss of transportation after a total loss.
- Pregnancy-related documentation (if applicable): Keep records of appointments and any notes that show what you reported and when—without trying to “self-diagnose” in writing.
Common Coverage Disputes and Practical Next Steps
- Don’t assume there is only one claim: It is common to have a liability claim against the rear driver and a separate UM/UIM claim under your own policy depending on the facts and available coverage.
- Be careful with recorded statements: Insurers often ask for statements early. In North Carolina, a small inconsistency can be used to argue you were not hurt in the crash or that something else caused your symptoms.
- Watch for “fault” arguments even as a passenger: North Carolina follows a strict contributory negligence rule in many negligence cases. While passengers often have the right to rely on the driver’s reasonable care, insurers sometimes argue a passenger failed to act reasonably (for example, not warning a driver about an obvious danger). That issue is fact-specific, but it’s one reason you should keep your description accurate and avoid speculation.
- Document the total-loss and transportation impact separately from injuries: Property damage and injury claims are different parts of the overall situation, even when they come from the same crash. Keep receipts and notes about transportation costs and missed work tied to the crash.
- Don’t settle too fast if symptoms are still developing: Headaches and back pain can evolve over time. A settlement usually ends the injury claim, so it’s important to understand what you are signing before you sign it.
How This Applies
Apply to your facts: Because you were rear-ended while stopped and the crash was severe enough to total the vehicle and deploy airbags, the first step is usually opening a bodily injury claim against the rear driver’s liability coverage and gathering your ER and follow-up records to show the timing of symptoms. Since you were pregnant and missed work (and transportation was disrupted), keep a clean timeline of appointments, imaging, and missed days so the claim reflects both medical impact and practical losses. If the rear driver’s coverage is missing or not enough, your own UM/UIM coverage may become important under North Carolina’s motor vehicle insurance rules.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage) – Explains required uninsured motorist coverage and how underinsured motorist coverage works in many North Carolina auto policies.
- N.C. Gen. Stat. § 1-52 (Three-year limitation) – Provides the three-year limitations period that commonly applies to negligence-based injury claims.
Conclusion
If you were a passenger in your own car and got rear-ended in Durham, you can usually pursue an injury claim against the at-fault driver and may also have UM/UIM options under your own policy depending on the coverage situation. The most helpful next step is to write down a clear timeline of the crash, symptoms, treatment, and missed work, and gather the key documents (photos, claim info, and medical visit summaries) so you can get accurate guidance before you sign anything.
