Short Answer

In North Carolina, start by opening a claim with the at-fault driver’s insurance and your own insurer, gather proof of fault and your injuries, and negotiate a settlement. If you cannot resolve it, you must file a lawsuit in the appropriate North Carolina court before the statute of limitations expires (generally three years from the crash). Because North Carolina follows contributory negligence, any fault on you can bar recovery, so evidence and clear documentation matter.

Understanding the Problem

You want to know how to file a claim after a North Carolina car crash where another vehicle turned into your lane and you were hurt. The core issue is: how do you start and move a claim forward so the insurer pays your damages, and what deadlines or rules could block recovery?

Apply the Law

North Carolina uses a fault system. To get paid, you must show the other driver’s negligence caused the crash and your injuries, you have documented losses, and you file on time. Most claims begin with the at-fault insurer; if settlement fails, you file a lawsuit in the county where the crash happened or where the defendant lives. The general deadline to file a personal injury lawsuit is three years from the date of the crash.

Key Requirements

• Negligence by the other driver: Prove the driver breached a safety rule (for example, an unsafe left turn) and caused the collision.
• Damages: Show medical treatment, pain, and property loss with records and bills.
• Causation and proof: Link your injuries to the crash with consistent treatment and medical documentation.
• No contributory negligence: In North Carolina, if you are even slightly at fault, your claim can be barred.
• Deadline: File any lawsuit within the applicable statute of limitations (generally three years from the crash).
• Insurance coverage: Identify the at-fault driver’s liability coverage and consider your uninsured/underinsured motorist benefits.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Statute of limitations) - Generally gives three years to file personal injury and property damage claims arising from a crash.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability insurance; UM/UIM) - Sets required auto liability coverage and uninsured/underinsured motorist protections.

Analysis

Apply the Rule to the Facts: Another vehicle turned into your lane, which suggests the other driver failed to yield and caused the collision. Your ER visit documents injury and initial treatment, satisfying the damages element, but the lack of follow-up care may make causation and the extent of harm harder to prove. Because North Carolina’s contributory negligence rule can bar recovery if you share any fault, preserve evidence (photos, crash report, witnesses) to show you stayed in your lane and followed traffic laws. File or settle within three years of the crash.

Process & Timing

1. Who files: The injured driver (or their attorney). Where: Open a claim with the at-fault driver’s insurer and notify your own insurer about potential UM/UIM benefits. What: Provide the claim number, crash report, photos, witness info, and medical records/bills. When: Start immediately after the crash; avoid recorded statements until you’re prepared.
2. Evaluation and demand: Once treatment is reasonably complete or you have sufficient records, send a written demand with bills, records, and proof of fault. Insurers often take several weeks to review, though timelines vary by company and county practices.
3. If no settlement: File a Complaint and Civil Summons (AOC-CV-100) with the Clerk of Superior Court in the county where the crash occurred or where the defendant lives, and serve the defendant. You must file before the three-year statute of limitations expires.

Exceptions & Pitfalls

• Contributory negligence: Any fault on you can bar recovery; gather evidence that you stayed in your lane and followed traffic rules.
• Gaps in treatment: Limited or no follow-up care can weaken causation and damages; timely, consistent medical care creates proof.
• UM/UIM notice: Your own policy may require prompt notice for uninsured/underinsured motorist claims; check your policy terms.
• Recorded statements and broad releases: Be cautious; do not speculate about injuries and limit releases to relevant records.
• Deadlines: Missing the statute of limitations will likely end your claim; calendar it early.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina car crash claim where another driver turned into your lane, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.