Short Answer

In North Carolina, you usually open a new car-accident insurance claim by giving the insurer prompt notice (by phone, online portal, or in writing) and requesting a claim number, then providing basic crash details and injury information. If you may need coverage under your own policy (like medical payments coverage or underinsured motorist (UIM) benefits), it is smart to open that first-party claim early so the insurer can investigate and you can avoid notice and settlement-consent problems later. Separately, you generally have three years to file a lawsuit for personal injuries from a car crash, so claim handling should be organized with that deadline in mind.

Understanding the Problem

If you were rear-ended at a stop sign in North Carolina and no insurance claim exists yet, the practical question is: can you (or your attorney) start a brand-new claim with your own auto insurer now so the insurer opens a file and evaluates available coverages, including possible underinsured motorist benefits?

Apply the Law

North Carolina auto policies typically require the insured to give the company notice of a crash and cooperate with the investigation. While the exact “how” (phone vs. online vs. written) comes from the policy and the insurer’s procedures, the legal framework matters most for UM/UIM coverage because North Carolina law sets rules about when that coverage applies and how it interacts with the at-fault driver’s liability coverage.

Under North Carolina’s Financial Responsibility Act, most auto policies issued for vehicles registered or principally garaged in the state include uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage, and the statute also addresses when UIM is considered to apply (generally after the at-fault liability coverage is exhausted by settlement or judgment) and the insurer’s rights when a settlement is proposed. In plain English: opening the claim early helps protect your ability to use the coverage you already pay for and helps your lawyer coordinate the liability claim and any UM/UIM claim without stepping on technical requirements.

The main forum for an insurance claim is the insurance company (not a court). But you must still track the court deadline for any injury lawsuit, which is generally three years for personal injury claims in North Carolina.

Key Requirements

• Identify the correct policy and insured: Provide the policy number (or the insured’s name, address, and vehicle) so the insurer can locate coverage and open a file.
• Give notice and request a claim number: Tell the insurer the crash happened, you are making a claim, and you want a claim number and adjuster contact information.
• Provide basic crash facts: Date/time, location, vehicles/drivers, law enforcement involvement, and any report or incident number if available.
• Describe injuries and treatment to date: A short description of symptoms and where you were treated (for example, ambulance transport and hospital evaluation), without guessing long-term outcomes.
• Preserve UM/UIM rights while the liability claim develops: If UIM may be in play, your attorney should keep the UIM carrier informed as the at-fault carrier’s limits and any settlement discussions become clear.
• Track the lawsuit deadline: Opening a claim does not stop the statute of limitations from running; you still must file suit on time if the case does not resolve.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM coverage) - Requires UM coverage and provides for UIM coverage in most auto policies, including rules about when UIM applies and insurer rights tied to settlements.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period) - Sets a three-year statute of limitations for many personal injury claims, including typical car-crash injury lawsuits.

Analysis

Apply the Rule to the Facts: Here, the injured driver has counsel and was rear-ended, with significant neck and back pain and concussion-like symptoms and ambulance transport to a hospital. Those facts make it reasonable to open a first-party claim with the driver’s own insurer right away so the insurer assigns a claim number and adjuster and can evaluate available coverages (for example, medical payments coverage and potential UIM). Because the at-fault driver is insured through another carrier, the liability claim can proceed in parallel, but UIM planning should start early so settlement steps with the at-fault carrier do not accidentally create coverage disputes later.

Process & Timing

1. Who files: The injured driver or the driver’s attorney. Where: With the driver’s auto insurer’s claims department (phone, online claim portal, or written notice to the address listed on the policy). What: A request to open a new claim and issue a claim number, plus the crash basics and injury/treatment information. When: As soon as practical after the crash (your policy may require prompt notice).
2. Insurer sets the file: The insurer assigns a claim number and adjuster and may send authorizations or questionnaires. Your attorney can provide a short coverage request (asking the insurer to confirm available coverages such as medical payments and UM/UIM) and can start gathering the documents the adjuster will request (crash report, photos, medical records/bills, wage documentation if applicable).
3. Parallel track with the at-fault carrier: Your attorney typically opens (or confirms) the bodily injury claim with the at-fault driver’s insurer, obtains the liability limits information, and then coordinates any settlement discussions with the UIM carrier in mind. If the liability claim approaches a limits settlement and UIM may be needed, the timing and notice steps become especially important.

Exceptions & Pitfalls

• Waiting too long to notify your own insurer: Policies often require prompt notice and cooperation. Delays can create avoidable disputes about what happened or what treatment relates to the crash.
• Settling the at-fault claim without protecting UIM issues: UIM coverage has statutory rules tied to exhaustion of the at-fault liability coverage and insurer rights around settlements. Your attorney should coordinate any “tentative settlement” steps with the UIM carrier before signing releases.
• Giving recorded statements without preparation: Adjusters may request recorded statements early. It is usually better to have counsel handle communications so the facts stay accurate and consistent.
• Assuming the insurer will “find” all coverages automatically: Ask for written confirmation of coverages that may apply (for example, medical payments, UM/UIM) and request the relevant declarations page and policy forms if you do not have them.
• Missing the lawsuit deadline: Insurance claims do not extend the statute of limitations. If negotiations stall, you may need to file suit to preserve the claim.

Conclusion

To open a new car-accident insurance claim in North Carolina when none has been started, you (or your attorney) should promptly notify the insurer, request a claim number, and provide the basic crash and injury information needed to start the investigation and evaluate coverages like UM/UIM. North Carolina law requires UM coverage and provides for UIM coverage in most policies, and UIM issues can become time-sensitive when a liability settlement is discussed. Next step: open the claim with your insurer’s claims department and get a claim number, while keeping the three-year injury lawsuit deadline in mind.

Talk to a Personal Injury Attorney

If you're dealing with a car accident where no claim has been opened yet and you need to coordinate the at-fault claim with your own coverage (including possible underinsured motorist benefits), our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.