Short Answer

In North Carolina, you can seek compensation for medical expenses, lost wages, future care, and pain and suffering. You may also recover for out-of-pocket costs and, if available, benefits under your own policy (medical payments and uninsured/underinsured motorist coverage). You generally have three years from the crash to file a lawsuit. Health insurance payments do not stop you from claiming damages, but the amounts you can show for medical bills are limited to what was paid or is still owed.

Understanding the Problem

You want to know what money damages you can pursue in North Carolina after a car crash that fractured your neck and ankle. As the injured driver, you’re asking what categories of compensation are available, when you can claim them, and how your health insurance affects payment. With an inpatient stay and a month of rehab, you need to understand what the law allows and how to prove it.

Apply the Law

Under North Carolina personal injury law, recoverable damages aim to make you whole for harms caused by another driver’s negligence. That includes economic losses (medical expenses, lost income, and future care) and non-economic losses (pain, suffering, and loss of enjoyment of life). Evidence rules limit medical expense proof to amounts actually paid or still owed. Claims usually start with the at-fault driver’s insurer; unresolved claims are filed in the county’s District Court or Superior Court through the Clerk of Superior Court. The general deadline to sue for personal injury is three years from the crash.

Key Requirements

• Fault by another driver: Show the other driver failed to use reasonable care and caused the crash.
• Causation and injury: Link the crash to your neck and ankle fractures and related treatment with medical records.
• Documented damages: Prove medical expenses (amounts paid/owed), wage loss, and pain and suffering with records and reasonable detail.
• Coverage identification: Confirm available liability limits and, if needed, your UM/UIM and medical payments coverage.
• Timing and notice: Give prompt notice to insurers and file any lawsuit within the three-year statute of limitations.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - sets the general deadline to file a lawsuit.
• North Carolina Gen. Stat. § 8C-1, Rule 414 (Medical expenses evidence) - allows proof of amounts paid or still owed, not gross billed charges.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - explains uninsured/underinsured motorist coverage that can supplement recovery.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - gives providers lien rights in your injury recovery subject to statutory limits.

Analysis

Apply the Rule to the Facts: Your neck and ankle fractures, emergency care, inpatient stay, and month of rehab support claims for medical expenses and significant pain and suffering. With time missed from work, you can claim lost wages and, if residual limitations persist, loss of earning capacity. Because you have health insurance, your recoverable medical expenses are the amounts paid by insurance and any balances still owed, not the higher sticker price. If the at-fault driver’s insurance is insufficient, UM/UIM on your policy may help.

Process & Timing

1. Who files: You (or your attorney). Where: Open a bodily injury claim with the at-fault driver’s insurer and notify your own insurer about medical payments and UM/UIM. What: Provide police report, medical records/bills, wage documentation, and photos. When: Give notice promptly; policy deadlines can be short. The lawsuit deadline is generally three years from the crash.
2. Negotiate liability and damages with the insurer after treatment stabilizes or your doctor provides opinions about future care; this commonly takes weeks to months depending on records and responses.
3. If not resolved, file a civil complaint and summons with the Clerk of Superior Court in the proper county (District Court if the amount is within its jurisdiction; Superior Court if above). Serve the defendant, complete discovery, and proceed to settlement discussions or trial.

Exceptions & Pitfalls

• Contributory negligence: If you are even slightly at fault, North Carolina’s contributory negligence rule can bar recovery; limited exceptions may apply.
• UM/UIM consent: Before settling with the at-fault insurer, follow your policy’s consent and notice requirements to preserve underinsured motorist benefits.
• Medical liens and reimbursements: Hospitals, doctors, and certain insurers may claim part of your recovery; statutory limits and pro-rata rules apply—address them before disbursing funds.
• Gaps in treatment: Delays or missed appointments can undercut causation and damage claims—keep consistent care and documentation.
• Recorded statements: Be cautious with insurer statements and broad medical authorizations; provide focused documentation instead.

Talk to a Personal Injury Attorney

If you’re dealing with fracture injuries from a North Carolina car crash, 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.