Short Answer

In North Carolina, gather proof of liability, causation, and damages before you send a demand. That usually means the police crash report or incident report, photos/videos, independent witness statements, and early medical records that tie your injuries to the event, plus itemized bills and wage-loss proof. Because North Carolina uses contributory negligence, include evidence showing you did not contribute to the incident. Track the three-year statute of limitations.

Understanding the Problem

You want to know what evidence to collect in North Carolina before you send a demand letter to an insurer after an injury. You (the injured person) are deciding what to gather to persuade the insurer to accept liability and pay. Here, the insurer has already denied liability, so the key is whether you can assemble strong proof that the other party caused the incident and that your injuries resulted from it, before moving to a full damages demand.

Apply the Law

Under North Carolina law, you must prove negligence by a preponderance of the evidence: duty, breach, causation, and damages. North Carolina’s contributory negligence rule bars recovery if you are even slightly at fault, so your packet should address and rebut any claim you contributed to the incident. Adjusters evaluate pre-suit claims, but if settlement fails you file in the county’s civil court through the Clerk of Superior Court. A key deadline is the general three-year statute of limitations for personal injury.

Key Requirements

• Liability proof: Police crash or incident report, scene photos, video, vehicle damage photos, and independent witness statements.
• Causation link: Early medical records noting the mechanism of injury and timing, showing the incident caused your conditions.
• Damages documentation: Itemized medical bills with matching records, prescriptions, out-of-pocket receipts, and wage-loss verification from your employer.
• No contributory fault: Evidence showing you followed the rules (e.g., right-of-way, speed, lighting) and did not contribute to the incident.
• Insurance details: Confirmation of the at-fault policy and any applicable coverages (e.g., UM/UIM, MedPay) and timely notice to carriers.
• Timeliness: Track the statute of limitations from the date of injury and plan your demand and litigation timeline accordingly.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 8C-1, Rule 414 (Medical expenses) - Addresses proof of medical expenses, focusing on amounts paid or owed.
• North Carolina Gen. Stat. § 20-166.1 (Accident reports) - Law enforcement investigates and prepares crash reports used to evaluate liability.

Analysis

Apply the Rule to the Facts: Because the insurer denied liability, lead with liability evidence: the crash/incident report, your witness’s affidavit, and any photos or video. Add early medical records tying your injuries to the event to satisfy causation. Begin collecting itemized bills and wage proof, but you can send a targeted “liability packet” now and follow with a full demand after treatment stabilizes. Throughout, address any hint you shared fault to avoid contributory negligence issues.

Process & Timing

1. Who files: You or your attorney. Where: The liability carrier’s claims department. What: A liability packet (police/incident report, witness statements/affidavits, photos/video, property damage estimate, initial medical records and itemized bills). When: After you assemble core liability and causation proof; do not wait on every final bill if liability is contested.
2. Carrier review and response: Adjusters typically review within a few weeks. Expect follow-up requests (additional records, prior records, wage verification). Clarify if you are still treating and whether a full demand will follow at maximum medical improvement.
3. If liability is accepted and treatment stabilizes, send the full demand with itemized bills, records, wage documentation, and a concise damages summary. If liability is maintained or time is short, file a complaint with the Clerk of Superior Court in the proper county before the deadline.

Exceptions & Pitfalls

• Contributory negligence: Even slight fault can bar recovery; include facts and visuals that show you complied with the rules.
• Gaps or inconsistent treatment: Delays in care invite causation challenges; explain any gaps and keep records organized.
• Only summaries, no proof: Adjusters need itemized bills with matching records; provide both, not just a narrative.
• Overbroad medical authorizations: Limit authorizations to relevant providers and dates; consider producing records yourself.
• Social media and recorded statements: Posts or statements can be used against you; be cautious and decline non-required recordings.
• Waiting too long: Don’t miss the statute of limitations while negotiating; calendar the deadline and leave time for filing and service.

Talk to a Accident Q&A Series Attorney

If you're dealing with a denied liability claim and need to build the right evidence before a demand, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.