Short Answer

In North Carolina, a passenger’s injury claim is usually paid by the liability insurance of the driver who was at fault—which could be the driver of the car the passenger was in, the other driver, or both. If fault is disputed or the at-fault driver has no insurance (or not enough), a passenger may also have options through uninsured/underinsured motorist (UM/UIM) coverage tied to the vehicle the passenger occupied and sometimes the passenger’s own household auto policy. The right answer depends on who caused the crash and what coverages exist.

Understanding the Problem

This question is really about which insurance policy is responsible for paying a passenger’s medical bills, lost income, and other losses after a Durham, North Carolina car crash. The key decision point is fault: whether the driver of the passenger’s vehicle, the other driver, or both drivers caused the collision. The injured passenger may deal with one or more insurers, and the process often starts as an insurance claim and only becomes a lawsuit if liability, damages, or coverage cannot be resolved.

Apply the Law

North Carolina follows a fault-based system for car wreck injuries. That means the starting point is the liability coverage of the driver (or drivers) whose negligence caused the crash. A passenger can often pursue a claim against either driver if the evidence supports fault. If the at-fault driver is uninsured, is a hit-and-run driver, or does not have enough coverage, North Carolina law also requires UM/UIM coverage in many auto policies, which can provide another path to compensation when the passenger is an “insured” under the applicable policy.

Key Requirements

• Fault (negligence): The claim generally depends on showing that a driver failed to use reasonable care (for example, failing to obey a traffic control signal) and that this caused the crash.
• Causation and injury proof: The passenger must connect the crash to the injuries and document treatment and symptoms (ER records are a start, but follow-up records often matter if symptoms continue).
• Available coverage and “insured” status: Payment depends on what liability and UM/UIM coverages exist and whether the passenger qualifies for coverage under the policy tied to the vehicle or the passenger’s household.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM coverage) - Describes required liability coverage and the required uninsured and underinsured motorist coverages in many policies, including who may be treated as an insured.
• N.C. Gen. Stat. § 1-52 (Three-year statute of limitations for many personal injury claims) - Sets a three-year filing deadline for many injury lawsuits, which can affect leverage and options if a claim is not resolved.

Analysis

Apply the Rule to the Facts: Here, the facts suggest another driver allegedly ran a flashing light, which may support a liability claim against that other driver’s insurance. If evidence shows the driver of the vehicle [CLIENT] rode in also contributed (for example, speed, lookout, or right-of-way issues), then that driver’s liability insurance could also be involved. Because [CLIENT] went to the ER by ambulance, documenting the ER visit, EMS run sheet, and any ongoing symptoms will be important to prove injury and damages even if follow-up treatment has not happened yet.

Process & Timing

1. Early steps: Obtain and keep copies of the crash report number, EMS/ER records, discharge instructions, and any photographs or contact information for witnesses. Track symptoms and work missed in a simple written log. Preserve texts or app data if the ride involved a transportation network company.
2. Claim stage: One or more insurers typically investigate liability, request medical records/bills, and may ask for a recorded statement. A passenger claim may involve (a) the other driver’s liability insurer, (b) the host driver’s liability insurer, and (c) UM/UIM coverage tied to the vehicle occupied and sometimes the passenger’s own household policy.
3. If a lawsuit is filed: The case generally moves through filing and service, written discovery and depositions, expert review if needed, mediation (common in North Carolina), and then trial if it does not resolve. Timing can vary by county and court calendar.

Damages & Insurance Issues

• Medical-related losses: This can include ambulance and ER charges, follow-up visits if needed, prescriptions, and future care if symptoms persist.
• Income-related losses: If the injuries caused missed work or reduced ability to work, lost wages and related employment benefits may be part of the claim.
• Non-economic damages: North Carolina law may allow recovery for pain and suffering and how the injury affected day-to-day life, based on the evidence and credibility of the documentation.
• Common insurance considerations: Passengers often have access to more than one potential source of coverage (one or both drivers’ liability coverage, plus UM/UIM depending on the situation). If multiple people were hurt, available liability limits may have to be shared. If Medicaid paid for some care, it is generally treated as a secondary payor and repayment issues can come up in a settlement.

Exceptions & Pitfalls

• Contributory negligence issues: Passengers are less likely than drivers to be blamed, but defenses can still arise (for example, not wearing a seat belt in some situations, distracting the driver, or knowingly riding with an impaired driver). North Carolina’s contributory negligence rules can be harsh in some cases, so fault arguments matter.
• Gaps in treatment and documentation: An ER-only record can make it harder to prove the full impact of an injury if symptoms continue but are not documented elsewhere.
• Recorded statements and early settlement pressure: Insurers may seek statements early and may evaluate claims before the full picture is known; accuracy and consistency matter.
• Uninsured/underinsured and hit-and-run complications: UM/UIM claims can involve extra notice and procedural steps, and the insurer may require specific information and timelines.
• Multiple policies and priority questions: When more than one policy might apply (host driver, other driver, and UM/UIM), determining the order of coverage can be fact-specific and may require careful handling.

Conclusion

For a passenger injured in a Durham, North Carolina crash, the insurance that pays is usually the liability coverage of the driver who caused the wreck—which may be the other driver, the driver of the passenger’s vehicle, or both. If the at-fault driver is uninsured or does not have enough coverage, UM/UIM coverage may also apply depending on the policies involved. Because deadlines can apply (often three years to file suit), preserve records and speak with a licensed North Carolina attorney promptly.

Talk to a Personal Injury Attorney in Durham

If the issue involves injuries, insurance questions, or a potential deadline, speaking with a licensed North Carolina attorney can help clarify options and timelines. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It also is not medical advice. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.