What happens if there was no police report and no EMS came to the scene of my pedestrian accident?
What happens if there was no police report and no EMS came to the scene of my pedestrian accident? - North Carolina
Short Answer
In North Carolina, not having a police report or an EMS response does not automatically prevent you from bringing an injury claim after a pedestrian accident. It usually makes the case harder because you have less independent documentation of how the crash happened and what you complained of at the scene. You can often fill those gaps with other evidence (medical records, witness statements, photos, and insurance information), but you should act quickly—especially if the driver is unknown and you may need to use uninsured motorist coverage.
Understanding the Problem
If you were struck as a pedestrian in North Carolina earlier this year and there was no police report and no EMS at the scene, you may be wondering whether you can still make a claim and how you prove what happened when the driver and vehicle details are largely unknown.
Apply the Law
North Carolina injury claims generally turn on proof: you must show the driver was negligent, that the crash caused your injuries, and what losses you had as a result. A police report and EMS records are common ways to document those points, but they are not the only ways.
Separately, North Carolina law requires certain crashes to be reported to law enforcement and investigated when they are “reportable.” If the at-fault driver left the scene, North Carolina also has duties to stop, provide identifying information, and render reasonable assistance. And if the driver cannot be identified, uninsured motorist (UM) coverage may apply, but UM hit-and-run claims can have strict notice/reporting requirements.
Key Requirements
Proof of fault (negligence): You need evidence showing the driver did something unsafe or unlawful that caused the impact.
Proof the crash happened as claimed: Without a police report, you often rely on other documentation (photos, surveillance video, witnesses, 911/dispatch records, and your prompt reporting to others).
Medical causation: Your medical records must connect your symptoms (for example, concussion-like symptoms and back pain) to the collision, not to something else.
Damages documentation: You must show what you lost (medical bills, out-of-pocket costs, and how the injury affected you), even if you did not miss work.
Identity/coverage of the driver (or UM pathway): If the driver is unknown, you may need to pursue a UM hit-and-run claim and comply with the policy/statutory notice steps.
Time limits: Most personal injury lawsuits in North Carolina must be filed within three years, and waiting can also cause evidence to disappear.
What the Statutes Say
N.C. Gen. Stat. § 20-166.1 (Crash reporting and investigation) - Requires drivers to notify law enforcement of a reportable crash and requires investigation when reported; also addresses officer reporting and public record status of officer reports.
Apply the Rule to the Facts: Because there was no police report and no EMS response, your claim may face pushback on two points: (1) proving how the collision happened and who was at fault, and (2) proving the timing and cause of your symptoms. Your ER visit helps document that you sought care afterward and reported symptoms, but the lack of follow-up treatment can make it harder to show the full course of injury and recovery. Since the driver and vehicle details are largely unknown, you may also need to explore uninsured motorist options and preserve any evidence that could identify the vehicle.
Process & Timing
Who files: Usually you (or your attorney) start the insurance claim. Where: With the at-fault driver’s insurer if identified, and/or with your own auto insurer for uninsured motorist coverage; if a lawsuit is needed, it is filed in North Carolina state court (typically Superior Court) in the appropriate county. What: A claim notice to the insurer(s); if the driver is unknown, a UM notice/report consistent with the policy and the statutory framework for hit-and-run claims. When: As soon as possible—especially if the driver is unknown and you need time to locate witnesses, video, or vehicle information.
Evidence build-out: Gather and preserve non-police evidence: ER records, discharge instructions, any photos of the scene/injuries, clothing/shoes, names of anyone who saw the crash, and any nearby surveillance sources. If you later report the crash, keep a record of when and to whom you reported it.
Decision point: If the driver is identified and insured, the claim usually proceeds like a standard liability claim. If the driver cannot be identified, the claim may proceed as a UM hit-and-run matter, which can require additional steps and may move toward a lawsuit against the UM carrier under North Carolina’s UM procedures.
Exceptions & Pitfalls
UM hit-and-run notice rules: If the driver is unknown, UM coverage may be the main path to recovery, but missing early reporting/notice steps can create coverage disputes. Review your policy promptly and consider getting help to comply with the required notices.
“No EMS” gets misread: Insurance adjusters sometimes argue that if you did not take an ambulance, you were not hurt. That is not a legal rule, but it can affect how your claim is evaluated—your medical documentation becomes even more important.
Gaps in treatment: A long gap between the ER visit and any follow-up can make it easier for the insurer to argue your symptoms were minor or unrelated. If you still have symptoms, getting appropriate medical follow-up also helps create a clearer record.
Unknown driver identification: Without a plate number or driver info, cases often depend on quick investigation (witnesses, video, nearby businesses, and any digital trail). Delay can mean footage is overwritten and witnesses disappear.
Contributory negligence risk: North Carolina follows a strict contributory negligence rule in many negligence cases; if the insurer claims you were even slightly at fault (for example, crossing unexpectedly), it can become a major issue. Evidence about signals, crosswalks, lighting, and driver behavior matters.
Conclusion
In North Carolina, a pedestrian injury claim can still move forward even if there was no police report and no EMS response, but you usually must rely on other evidence to prove fault, causation, and damages. When the driver is unknown, uninsured motorist hit-and-run rules and notice requirements can become the key issue. Your most important next step is to gather and preserve evidence now and make sure any required insurance notices are sent promptly, well before the three-year lawsuit deadline.
Talk to a Personal Injury Attorney
If you're dealing with a pedestrian accident where there was no police report, no EMS response, and the driver is unknown, an attorney can help you identify the best evidence to prove the claim and make sure you meet insurance notice requirements and court deadlines. Reach out today at [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.
