Short Answer

In North Carolina, only the prosecutor (Assistant District Attorney) can dismiss a traffic citation. There is no single “magic” insurance letter that forces a dismissal. If your ticket alleges no insurance, bring proof you had valid coverage on the date of the accident (for example, an insurer certificate or letter showing coverage dates, policy number, and vehicle). For accident-only citations (like failure to reduce speed), prosecutors often want proof that property damage has been paid or resolved; a simple “claim still pending” letter usually leads to a continuance, not a dismissal.

Understanding the Problem

You were cited in North Carolina after a crash and want to know what to ask your insurer for so the District Attorney will dismiss the ticket. You (the driver/defendant) need to show the prosecutor paperwork that meets their expectations before or at your District Court date. One key fact here is that your injury claim is still pending because medical records and bills are not yet complete.

Apply the Law

Under North Carolina law, a prosecutor may dismiss charges before trial. For insurance-related tickets, prosecutors typically require proof that you had valid insurance on the date of the offense. For accident-only moving violations (such as unsafe movement or failure to reduce speed), dismissal is discretionary and often depends on restitution being paid or the other party indicating no further claim. You present your documents to the Assistant District Attorney in District Court on your court date (or through a local traffic resolution program if offered). Missing your court date can trigger license consequences.

Key Requirements

• Proof of coverage (if charged with no insurance): A certificate or insurer letter on company letterhead showing the policy number, named insured, vehicle (VIN or description), and that coverage was active on the crash date.
• Restitution/paid-in-full (for accident-only infractions): A letter from the other driver’s insurer or the vehicle owner confirming property damage has been paid in full or that no restitution is sought.
• Claim status (when unresolved): A neutral insurer status letter listing the claim number and stating liability evaluation is pending and coverage exists. Expect a continuance rather than a dismissal until restitution is clear.
• Clear identifiers: Your full name, citation number, date of accident, and vehicle info so the prosecutor can match the paperwork to the case.
• Timely presentation: Bring documents to your court date or submit them through any approved county program in advance. Procedures vary by county.

What the Statutes Say

• North Carolina Gen. Stat. § 15A-931 (Dismissal of charges by prosecutor) - The prosecutor may dismiss a charge before arraignment or trial.
• North Carolina Gen. Stat. § 20-309 (Financial responsibility required) - Owners must maintain liability insurance; proof of valid coverage on the offense date is key for insurance-related citations.
• North Carolina Gen. Stat. § 20-141 (Speed restrictions) - Commonly cited in accident-related tickets like failure to reduce speed; dismissal is discretionary and often tied to restitution.

Analysis

Apply the Rule to the Facts: Because your injury claim is still pending, your insurer may only provide a neutral status letter. For an accident-only citation, prosecutors often wait for proof that property damage is paid or that the other driver is satisfied; a status letter alone typically won’t dismiss the charge. If your citation alleges no insurance, you can ask your insurer for a certificate or letter proving coverage on the accident date, which often results in dismissal of that particular charge.

Process & Timing

1. Who files: You or your attorney present documents to the Assistant District Attorney. Where: District Court in the county listed on your citation (via the Clerk of Superior Court’s criminal/traffic calendar). What: Bring an insurer certificate/letter proving coverage on the accident date and, for accident infractions, a paid-in-full or no-restitution letter from the other driver’s insurer. When: On or before your first court date shown on the ticket.
2. The prosecutor reviews your paperwork. If proof of coverage exists for a no-insurance charge, they often dismiss that charge immediately. For accident-only infractions, the prosecutor may dismiss or reduce after restitution is paid; otherwise, expect a continuance to allow time for the claim to resolve.
3. If dismissed or reduced, obtain a copy of the dismissal or judgment from the Clerk’s Office for your records.

Exceptions & Pitfalls

• Insurance carriers rarely issue letters admitting fault before they finish their evaluation; ask for a neutral status letter and separate proof of coverage for the crash date.
• A “claim pending” letter alone usually does not dismiss accident-only citations; prosecutors often wait for proof of restitution or a statement that the other party is made whole.
• Make sure names, VIN, policy number, and accident date match your ticket; mismatches lead to delays.
• County practices vary. Some offices accept emailed documents in advance; others require in-person review on your court date.
• If you were actually uninsured on the date of the crash, a new policy after the fact does not automatically dismiss a no-insurance charge.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina accident-related citation and an open injury claim, our firm can help you understand what documents prosecutors will accept and how timing affects your case. Call us today.

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.