Short Answer

In North Carolina, you start by opening a claim with the at-fault driver’s liability insurer and documenting your injuries and losses. If the liability policy is too small, you may pursue benefits under your own uninsured/underinsured motorist (UM/UIM) and medical payments (MedPay) coverages, but you must notify your UM/UIM insurer before settling a limits offer. If negotiations fail, file a lawsuit in the North Carolina General Court of Justice within three years of the crash.

Understanding the Problem

You want to know how to file a North Carolina personal injury claim when the at-fault driver’s auto insurance may not cover all of your losses. The question is: how do you move a claim forward, protect access to UM/UIM benefits, and meet deadlines if the policy is limited? Here, you were taken by ambulance from the scene and have ongoing neck, back, and post-concussion symptoms.

Apply the Law

North Carolina requires drivers to carry auto liability insurance, but those limits can be low. If your damages exceed the at-fault driver’s limits, you look to your own policy’s UM/UIM and MedPay coverages. Preserve UIM rights by giving your UIM insurer written notice before accepting any liability limits settlement and obtaining written consent (or an advance) from your UIM insurer. If settlement isn’t reached, you file suit in the North Carolina General Court of Justice—through the Clerk of Superior Court—in the proper county. The general deadline to file a personal injury lawsuit is three years from the crash.

Key Requirements

• Negligence and damages: Show the other driver was at fault and prove your losses (medical bills, lost wages, pain, and related harms).
• Liability claim first: Open a claim with the at-fault driver’s insurer; their duty to pay is capped by their policy limits.
• Protect UIM rights: If the offer equals liability limits, give your UIM insurer timely written notice and obtain written consent (or a limits advance) before you sign a release.
• Use your coverages: Submit MedPay for prompt, no‑fault reimbursement of medical expenses; pursue UM/UIM if the at‑fault driver is uninsured or underinsured.
• Address liens: Health care provider liens must be resolved from any settlement, and total provider lien payments are limited by statute.
• File on time: If settlement fails, file a civil complaint and summons in the correct North Carolina court within the statute of limitations.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Limitations of actions) - General three-year deadline for personal injury lawsuits.
• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM) - Sets minimum liability limits and rules for uninsured/underinsured motorist claims, including consent-to-settle/advance requirements.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Gives health care providers a lien on injury recoveries for reasonable charges.
• N.C. Gen. Stat. § 44-50 (Lien payments and distribution) - Limits and prioritizes payment of provider liens from settlements or judgments.

Analysis

Apply the Rule to the Facts: Your ambulance transport and ongoing neck, back, and concussion symptoms support a negligence claim with documented medical treatment. If the at-fault driver’s liability limits are low, you would notify your UIM carrier before accepting any limits offer to keep UIM benefits available. You can also submit MedPay claims for timely reimbursement of medical bills. If settlement doesn’t fully cover your losses, you must file suit within three years.

Process & Timing

1. Who files: The injured person or their attorney. Where: Open a claim with the at‑fault insurer; for lawsuits, file with the Clerk of Superior Court in the proper county. What: Insurance claim documentation (police crash report DMV‑349, medical records/bills); if suing, a civil Complaint and an AOC‑CV‑100 Civil Summons from NCCourts.gov. When: Aim to notify insurers within days; the lawsuit deadline is generally three years from the crash.
2. When the liability insurer tenders its policy limits, send written notice to your UIM carrier and request consent to settle or an advance of the liability limits. Do not sign a release until you receive written consent or an advance from your UIM carrier.
3. Resolve provider liens from settlement funds as required by statute, then finalize settlement. If the claim does not resolve, serve the Complaint and proceed with litigation in the North Carolina General Court of Justice.

Exceptions & Pitfalls

• Contributory negligence: If you are even slightly at fault, North Carolina law can bar recovery; liability must be clear or supported by evidence.
• UIM consent trap: Settling with the liability insurer and signing a release without your UIM insurer’s written consent can forfeit UIM benefits.
• Lien and subrogation issues: Provider liens must be addressed and are subject to statutory limits; failing to handle them can delay payment.
• Coverage stacking and eligibility: Stacking UM/UIM coverages may be possible in limited circumstances; rules are technical and policy‑specific.
• Recorded statements and broad medical releases: Be cautious; provide only what is reasonably necessary to document the claim.

Talk to a Personal Injury Attorney

If you're dealing with a limited auto policy and injuries after a North Carolina crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (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.