Short Answer

Use the crash report to identify insurers, confirm fault facts, and open claims right away. Gather medical records and bills, document lost wages, and preserve evidence. Do not give a recorded statement to the other driver’s insurer before you understand North Carolina’s contributory negligence rule. If you cannot settle before the deadline, file suit on time to protect your rights.

How North Carolina Law Applies

North Carolina is an at‑fault state: the driver who negligently caused the crash must pay for your damages. However, North Carolina follows contributory negligence—if a jury finds you even slightly at fault, you may recover nothing. That makes early fact development and careful communications critical. Your crash report helps you identify the at‑fault driver, insurers, witnesses, and citations so you can open claims, request records, and build liability proof.

Typical next steps include: notifying insurers, preserving evidence (photos, vehicle data, video), getting and organizing medical records and bills, and documenting wage loss. Once treatment stabilizes, you send a demand package to the liability insurer. If the at‑fault driver’s limits are too low, you may pursue underinsured motorist (UIM) benefits on your own policy—but you must coordinate any settlement with your UIM carrier first to preserve coverage.

Key Requirements

• Fault: Show the other driver’s negligence (duty, breach, causation, damages).
• Defenses: Avoid admissions or evidence suggesting you were even slightly at fault (contributory negligence can bar recovery).
• Damages: Document medical diagnosis, treatment, bills, wage loss, and pain and suffering with records, notes, and employer statements.
• Insurance: Identify liability, medical payments (if any), and UM/UIM coverage from all involved policies.
• Deadlines: Personal injury claims usually have strict filing deadlines; missing them can end your claim.

Process & Timing

1. Review the crash report: Confirm parties, policy numbers, citations, and witnesses. If facts are wrong or incomplete, politely ask the investigating officer to add a supplemental report.
2. Open claims: Report the claim to the at‑fault driver’s insurer using the information in the report. Also notify your own insurer (UM/UIM or medical payments coverage may apply). Provide only basic facts initially.
3. Preserve evidence: Take photographs of vehicles and injuries; save dashcam, store surveillance, or 911 audio; request any available traffic or business video before it is overwritten. Ask your repair shop to preserve damaged parts and consider downloading your vehicle’s event data recorder.
4. Get medical care and records: Follow treatment plans. Keep a file of medical records, itemized bills, prescriptions, mileage, and a symptom journal. Ask your providers for ICD/CPT coded bills and narrative reports where helpful.
5. Document wage loss: Obtain employer verification of time missed and pay rate; collect prior pay stubs and tax records if needed for overtime or self‑employment.
6. Property damage: Coordinate repairs or total‑loss valuation with the insurer. Save estimates, photos, and receipts. Ask about rental or loss‑of‑use and any diminished value claim.
7. Negotiate liability and damages: After your condition stabilizes (or you reach maximum medical improvement), send a demand package with liability evidence, medical records/bills, and wage proof. Track and negotiate liens (medical providers and some insurers may assert statutory liens).
8. Mind UIM steps: If the at‑fault limits are inadequate, notify your UIM carrier early. Before accepting the at‑fault insurer’s limits, obtain your UIM carrier’s written consent to settle to preserve UIM benefits.
9. File suit if needed: If negotiations stall, file a lawsuit in the proper North Carolina court before the deadline. If a government employee or agency is involved, special claim procedures apply.

What the Statutes Say

• Accident reports and officer reporting duties: N.C. Gen. Stat. § 20-166.1.
• General three‑year deadline for personal injury actions: N.C. Gen. Stat. § 1-52 (specific subsections apply based on the claim).
• Two‑year deadline for wrongful death actions: N.C. Gen. Stat. § 1-53.
• Uninsured/Underinsured Motorist coverage and consent‑to‑settle rules: N.C. Gen. Stat. § 20-279.21.
• Claims for negligence against State agencies (Industrial Commission jurisdiction): N.C. Gen. Stat. § 143-291 (procedures and deadlines differ from regular court cases).
• Medical provider lien rights on personal injury recoveries: N.C. Gen. Stat. § 44-49 and § 44-50.

Exceptions & Pitfalls

• Contributory negligence: Even slight fault on your part can bar recovery. Be careful with statements to insurers and in social media.
• Deadlines: If you miss the filing deadline, your claim may be lost. Wrongful death and claims against government entities have different timelines and procedures.
• Recorded statements: You do not have to give a recorded statement to the other driver’s insurer. Your own policy may require cooperation—consult counsel first.
• UIM consent: Settling with the at‑fault insurer without your UIM carrier’s written consent can void UIM benefits.
• Lien resolution: Hospitals and some providers have statutory liens; unpaid or mishandled liens can delay settlement or reduce your net recovery.
• Early settlements: Do not settle before you understand your diagnosis and future care. Premature releases can underpay your claim.

Helpful Hints

• Use the crash report to list all insurers and claim numbers; keep a claim log of every call and letter.
• Ask the officer for a supplemental report if witness info or diagrams are missing.
• Request itemized medical bills and full treatment records; summaries alone are not enough.
• Gather proof of income (W‑2s, 1099s, pay stubs) early to avoid delay on wage claims.
• Send a preservation letter for any nearby camera footage; many systems overwrite video within days.
• Do not post about the crash or your injuries online; insurers monitor public content.
• If the at‑fault driver had low limits, notify your insurer about potential UIM immediately and ask about consent‑to‑settle requirements.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

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