Short Answer

In North Carolina, you must prove the other driver’s negligence, that the crash caused your back injury, and the amount of your damages. Strong evidence includes prompt and consistent medical records, treating provider opinions tying your symptoms to the crash, photos and the police report to confirm the mechanism of injury, and itemized medical bills. Low vehicle damage does not bar a claim, but you still must document causation. You generally have three years to file suit.

Understanding the Problem

You want to know what proof North Carolina requires to show a back injury from a low-speed rear-end crash so you can recover your losses. As the injured driver, you must show that the collision caused your current back pain and related costs. Here, you were rear-ended while stopped to make a left turn, and you went to the ER the next day.

Apply the Law

To recover for a back injury in North Carolina, you must show (1) the other driver was negligent, (2) the crash caused your injury (medical causation), and (3) your damages (medical expenses, pain, lost income). You prove this by a “more likely than not” standard. Claims are pursued first with the at-fault insurer; if unresolved, you may file in state District or Superior Court depending on the amount claimed. North Carolina generally allows three years from the crash to file a personal injury lawsuit. Because North Carolina follows contributory negligence, the defense may argue you share fault; clean, consistent proof helps defeat that.

Key Requirements

• Clear causation in medical records: Early and consistent documentation of back symptoms tied to the crash, with your provider noting the collision as the onset.
• Provider opinion: A treating provider’s assessment that the crash more likely than not caused or aggravated your back condition.
• Corroboration of the crash: Police report, photos of vehicle positions/damage, and your own description to show a rear-impact mechanism consistent with back injury.
• Objective support when available: Exam findings (spasm, reduced range of motion, positive tests) and any imaging your provider deems appropriate; imaging is helpful but not always necessary.
• Proof of damages: Itemized medical bills and records, plus wage documentation; in court, medical charges can be proven with itemized statements and affidavits.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Generally gives three years to file personal injury claims.
• North Carolina Gen. Stat. § 8-58.1 (Medical expenses—proof) - Allows proof of medical charges by itemized statements and affidavits.
• North Carolina Gen. Stat. § 108A-57 (Medicaid liens) - Requires protection and distribution of Medicaid’s lien from injury recoveries.

Analysis

Apply the Rule to the Facts: A next-day ER visit documents onset of pain, which supports causation, but follow-up care strengthens your proof. Ask your provider to note that the rear-end collision caused or aggravated your back pain. Because the crash was low-speed, expect the insurer to argue minimal injury—consistent records, exam findings, and your own testimony will matter. Since you have Medicaid, keep all bills and explanations of benefits; any recovery must account for Medicaid’s lien.

Process & Timing

1. Who files: The injured person. Where: Start with a claim to the at-fault driver’s insurer; if unresolved, file in North Carolina District or Superior Court in the county of the crash or defendant’s residence. What: Gather the police report, photos, witness info, medical records, and itemized bills; if litigating, file a Complaint and serve a Civil Summons. When: Generally within three years of the crash for a lawsuit.
2. Follow up with your primary care or a specialist recommended by your provider within days; attend all visits and therapies. Request complete records and itemized billing statements; allow 30–45 days for providers to produce them.
3. Present your package (liability proof, medical causation, and damages) to the insurer. If no fair resolution, file suit before the three-year deadline and be prepared to use affidavits and provider testimony to prove charges and causation.

Exceptions & Pitfalls

• Contributory negligence: Any fault assigned to you can bar recovery; keep your statements consistent and accurate.
• Gaps in treatment: Delays or missed appointments weaken causation; document why any gap occurred.
• Minimal property damage: Insurers often argue “no injury”—counter with provider notes, exam findings, and clear symptom timelines.
• Medical proof errors: Itemized bills and records are essential; use affidavits when litigating to prove charges under North Carolina law.
• Medicaid lien traps: Do not distribute settlement funds without addressing Medicaid’s statutory lien and required allocations.
• Recorded statements/social media: Be cautious; offhand comments can be used to challenge causation.

Talk to a Personal Injury Attorney

If you're dealing with proving a back injury after a low-speed crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today 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.