What Steps Are Needed to Pursue Compensation for Vehicle Damage Separately From Bodily Injury Claims in North Carolina?
What Steps Are Needed to Pursue Compensation for Vehicle Damage Separately From Bodily Injury Claims in North Carolina?
Detailed Answer
When a crash leaves you with both physical injuries and a damaged vehicle, North Carolina law lets you resolve the property-damage portion first—often within days or weeks—while you continue to treat and value your bodily-injury claim. Below is a step-by-step roadmap that keeps the two claims legally and financially separate.
Document the damage immediately.
Photograph all sides of every vehicle, interior damage, personal items, and road debris.
Request the DMV-349 crash report from the investigating officer. It lists insurance information you will need.
Choose which policy will pay first.
Third-party liability: File against the at-fault driver’s property-damage liability coverage (minimum $25,000 per vehicle under N.C. Gen. Stat. § 20-279.21).
First-party collision or UMPD: If you carry collision or uninsured-motorist property damage, you can start repairs right away through your own insurer and recover your deductible later.
Gather written repair estimates.
North Carolina insurers must give you the option to use a repair facility of your choice (11 N.C. Admin. Code 04.0426).
Provide two or more estimates and any towing or storage invoices.
Negotiate actual cash value (ACV) if the car is totaled.
A vehicle is usually deemed a total loss when repair cost plus salvage value exceeds 75% of pre-loss ACV.
Support your ACV demand with comparable-sales listings and recent maintenance records.
Review the release carefully.
Insist on a property-damage-only release. The document should state that bodily injury and any other claims remain open. Strike any global-release language before signing.
Collect payment and repair or replace your vehicle.
The insurer must issue payment within 10 business days of receiving your signed property-damage release (11 N.C. Admin. Code 04.0421).
If the vehicle is financed, the lienholder may be listed on the check; work with the lender to endorse and apply funds.
Keep the bodily-injury claim separate.
You have three years from the collision date to settle or file suit for property damage and bodily injury (N.C. Gen. Stat. § 1-52(16)). Resolving vehicle damage now does not shorten the bodily-injury deadline.
Helpful Hints
Ask the adjuster to email the draft release so you can review it—never sign at the tow yard.
Save rental-car receipts; the at-fault carrier must reimburse “loss of use” while your car is being repaired.
If liability is disputed or the other driver is uninsured, open a collision or uninsured-motorist property damage claim with your own insurer to keep repairs moving.
You may sue for up to $10,000 in Small Claims Court for property damage if the insurer stalls.
Keep all medical bills and repair documents in separate folders to avoid accidental commingling of claims.
Vehicle damage claims move fast when you know the rules. Our North Carolina personal-injury team guides clients through every step—from repair estimates to final medical settlement—protecting both claims along the way. Ready for help? Call us today at 919-313-2737 for a free consultation.
