Short Answer

In North Carolina, you may pursue both a workers’ compensation claim for on-the-job injuries and a separate personal injury claim against the at-fault driver. The injury lawsuit is filed in civil court against the negligent driver (and their insurer), and you must file within three years of the crash. If workers’ compensation paid benefits, the comp carrier has a statutory lien on any third-party recovery that must be resolved before funds are disbursed.

Understanding the Problem

You want to know how, in North Carolina, you can file a personal injury claim against the at-fault driver after a crash while driving a company vehicle. Your role: injured employee-driver. Your goal: compensation from the negligent driver’s liability insurance (in addition to your workers’ comp claim). Key timing: the clock runs from the crash date.

Apply the Law

North Carolina allows an injured employee to pursue workers’ compensation and a negligence claim against a third-party driver at the same time. The third-party claim is a civil action filed in the trial courts (District Court if the amount in controversy is $25,000 or less; Superior Court if more than $25,000). The general filing deadline for personal injury is three years from the accident. If workers’ compensation has paid benefits, the employer/insurer has a statutory lien that must be honored and, if necessary, allocated or reduced by a judge. You cannot sue your employer or co-worker for ordinary negligence due to workers’ compensation exclusivity. Uninsured/underinsured motorist (UM/UIM) coverage may also apply, but you must follow policy and statutory notice requirements before settling with the at-fault insurer to preserve UIM rights.

Key Requirements

• Fault by the other driver: You must show the other driver’s negligence caused your injuries and losses.
• Contributory negligence risk: If you were even slightly at fault, recovery can be barred; evidence matters.
• Three-year deadline: File suit within three years of the crash to preserve your claim.
• Proper forum: File a civil action in the trial courts (not with the Clerk’s estates office); choose District or Superior Court based on amount sought.
• Workers’ comp lien: If comp paid benefits, its lien attaches to your third-party recovery and must be resolved or approved by the court.
• UM/UIM protection: Notify and obtain required consents from UM/UIM insurers before settling with the at-fault insurer.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Most negligence suits must be filed within three years.
• N.C. Gen. Stat. § 97-10.1 (Workers’ comp exclusivity) - Bars negligence suits against your employer/co-employee.
• N.C. Gen. Stat. § 97-10.2 (Third-party actions and comp lien) - Allows third-party suits; establishes lien and judicial allocation.
• N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage) - Governs UM/UIM benefits, notice, and consent-to-settle requirements.

Analysis

Apply the Rule to the Facts: You were driving a company vehicle when another driver T-boned you, so your personal injury claim targets that driver and their insurer. File within three years of the crash and be prepared to prove the other driver’s negligence and your damages. Because you have a pending workers’ compensation claim, the comp carrier will have a lien on any third-party recovery; plan for lien resolution or a court allocation. If the at-fault driver’s limits are low, evaluate UM/UIM coverage on the company vehicle and possibly your own policy, and give required notice before settling.

Process & Timing

1. Who files: The injured employee-driver. Where: District or Superior Court Division of the General Court of Justice in the county where the crash occurred or where the defendant resides. What: Complaint, Civil Summons (AOC-CV-100), and Civil Action Cover Sheet (AOC-CV-750). When: File before the three-year statute of limitations expires.
2. Open a claim with the at-fault driver’s insurer and your UM/UIM insurer; collect medical records, bills, wage loss proof, and crash evidence. If workers’ comp paid benefits, place the comp carrier on notice of the third-party claim and negotiate lien reimbursement; if no agreement, seek a Superior Court order allocating the recovery.
3. Resolve by settlement or proceed to trial. On settlement, obtain any required UM/UIM consent and address the workers’ comp lien in the closing statement or court order; the final result is a release and net disbursement to you after lawful liens, fees, and costs.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even 1% at fault; carefully document liability and avoid admissions.
• Do not settle with the at-fault insurer without required UM/UIM consent, or you may jeopardize underinsured coverage.
• Protect and resolve the workers’ comp lien; courts can allocate or reduce it under statute if parties cannot agree.
• Serve the defendant properly and on time; a North Carolina summons expires if not served and extended, which can risk dismissal.
• Statements to insurers and social media posts can be used against you; focus communications through counsel.

Talk to a Personal Injury Attorney

If you're dealing with a company-vehicle crash and need to coordinate a personal injury claim with workers’ compensation and possible UM/UIM coverage, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.