Short Answer

In North Carolina, you can seek compensation by filing a claim against the at-fault driver’s liability insurance or by filing a negligence lawsuit. You must prove the other driver’s fault, that the crash caused your injuries, and your damages. North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault. Most personal injury claims must be filed within three years.

Understanding the Problem

You want to know how to recover money for injuries from a North Carolina car crash—specifically, chest pain, abdominal bruising, and cuts—after you received emergency room care. The core issue is whether you can hold the other driver legally responsible and, if so, how to pursue insurance and court options within the required timelines.

Apply the Law

North Carolina uses a fault-based system. To recover for injuries from a car crash, you generally bring a negligence claim: show the other driver breached a duty (for example, unsafe driving), that breach caused the crash and your injuries, and you suffered damages (medical bills, pain, lost income). The claim is usually presented first to the at-fault driver’s liability insurer; if it doesn’t resolve, you can file suit in state court (District or Superior Court). North Carolina follows contributory negligence, meaning if you were even slightly at fault, a court can bar recovery. The standard time limit to file a personal injury lawsuit is three years from the crash. Uninsured/underinsured motorist coverage and optional medical payments coverage on your own auto policy may also help pay medical costs, subject to policy terms.

Key Requirements

• Prove fault (negligence): Show the other driver failed to use reasonable care (speeding, distraction, unsafe turn, or similar).
• Link cause to injury: Medical records should connect the crash to chest pain, bruising, and lacerations.
• Show damages: Document ER bills, follow-up care, lost wages, and pain and suffering.
• No contributory fault: If you were even slightly at fault, recovery can be barred.
• Meet the deadline: File suit within three years; protect underinsured motorist rights before signing any release.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—three years) - General three-year deadline for personal injury claims.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability and UM/UIM coverage) - Liability, uninsured, and underinsured motorist coverage rules, including UIM procedures.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows certain medical providers to assert liens on injury recoveries.
• North Carolina Gen. Stat. § 1D-15 (Punitive damages—standard) - Sets standards for punitive damages in egregious conduct (for example, impaired driving).

Analysis

Apply the Rule to the Facts: Your ER treatment helps connect the crash to your chest pain, abdominal bruising, and lacerations. If evidence shows the other driver’s unsafe driving caused the collision, you can claim medical costs, lost income, and pain and suffering. If the insurer disputes fault or causation, your medical records and any witness or crash report details become crucial. If there is any credible evidence you were partly at fault, the contributory negligence rule could block recovery.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start with a claim to the at-fault driver’s insurer; if needed, file a lawsuit with the Clerk of Superior Court in the North Carolina county where the crash occurred or the defendant resides. What: Insurance claim with medical records and bills; for suit, a Complaint and Civil Summons (AOC-CV-100). When: Submit the insurance claim promptly; file any lawsuit within three years of the crash.
2. Insurer review and negotiations often take several weeks to a few months depending on medical treatment and records. If UIM may apply, notify your own insurer early and obtain written consent before settling with the liability insurer to preserve UIM rights.
3. If settlement fails, serve the lawsuit (typically by sheriff) and move through discovery, mediation, and, if necessary, trial. The result is either a settlement agreement or a court judgment.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you share any fault; gather evidence early to address fault arguments.
• Do not sign a release or settle without addressing underinsured motorist consent requirements; doing so can forfeit UIM coverage.
• Medical provider liens must be handled from settlement funds; keep copies of all bills and payments.
• Gaps in treatment, missing records, or inconsistent statements can undermine causation and damages.
• Be cautious with recorded statements and social media; insurers may use them to dispute your claim.

Talk to a Personal Injury Attorney

If you’re dealing with crash-related chest pain and other injuries, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call us 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.