Quick Answer
Act fast to gather evidence, seek immediate medical care, and involve a North Carolina personal-injury attorney before speaking with the insurance adjuster. North Carolina’s contributory negligence rule makes early, thorough documentation essential—especially for children, whose claims require court approval. Below you will find a step-by-step guide.
1. Detailed Answer
A. Seek Prompt Medical Attention for Every Family Member
- Request EMS at the scene and visit an emergency department or urgent care the same day. Late treatment gives insurers ammunition to argue you were not hurt.
- Follow up with pediatricians and specialists for children. Insist on imaging when symptoms suggest concussion or internal injury.
B. Preserve Evidence Immediately
- Photograph vehicle damage, skid marks, traffic signs, bruises, cuts, and medical devices.
- Save dash-cam or surveillance footage; send written preservation letters to any business or agency that might have video.
- Keep a pain journal for each injured person—children often show pain through behavior, sleep changes, or school absences.
C. Report the Crash Correctly
- Call law enforcement so an official DMV-349 crash report is filed. A formal report makes it harder for the insurer to dispute liability.
- Notify your auto insurer within 24 hours; most policies require prompt notice (see policy’s “Duties After Accident” clause).
D. Understand Key North Carolina Laws
- Contributory Negligence: If you are even 1 % at fault, you may recover nothing. Early evidence can defeat this defense.
- Mandatory Minimum Coverage: N.C. drivers must carry $30,000 per person/$60,000 per crash bodily-injury coverage (N.C. Gen. Stat. § 20-279.21).
- Minor Settlements: Any settlement of $5,000+ for a child typically requires clerk-of-court approval under Rule 17(b) of the N.C. Rules of Civil Procedure (§ 1A-1, Rule 17).
- Extended Limitation Period for Minors: The normal three-year personal-injury deadline (N.C. Gen. Stat. § 1-52) is tolled until a child turns 18 (see § 1-17).
E. Control Communications With the Adjuster
- Decline recorded statements until you speak with counsel.
- Provide only basic facts—do not speculate about speed, distance, or fault.
- Never sign a medical release that gives access to all your records; use a tailored, date-limited release instead.
F. Calculate All Damages
Under North Carolina law, recoverable damages include:
- Medical bills (past and future)
- Lost wages and diminished earning capacity
- Pain, suffering, and emotional distress
- Permanent scarring or disability
- Loss of use of a body part
- For children: loss of educational and developmental opportunities
G. Consider Underinsured or Uninsured Motorist Coverage (UM/UIM)
If the at-fault driver’s limits are inadequate, your own UM/UIM benefits may fill the gap. North Carolina allows intra-policy stacking when multiple vehicles are insured under the same policy (see § 20-279.21(b)(4)).
H. File Suit When the Insurer Refuses Fair Payment
- In most counties you file in Superior Court for claims > $25,000.
- A lawsuit triggers discovery—interrogatories, depositions, and subpoenas—that uncover the insurer’s evaluation methods.
- For minors, the court appoints a guardian ad litem to oversee litigation and protect the child’s interest.
Hypothetical Example
Sarah, age 34, and her eight-year-old son Ethan are rear-ended at a stoplight in Durham. The adjuster claims the crash was “low impact” and offers $1,000. Sarah photographs Ethan’s seat-belt bruise, sees a pediatrician the next morning, and hires counsel. Two weeks later an MRI confirms a cervical sprain; Ethan develops post-concussive headaches. The attorney uses medical records, school attendance logs, and expert pediatric testimony to prove $18,500 in medical bills and $25,000 in pain and suffering. The settlement—approved by the Durham County clerk—exceeds $40,000, with Ethan’s share locked in a restricted bank account until age 18.
2. Helpful Hints
- Keep all receipts, prescription printouts, and mileage logs for medical visits.
- Attend every doctor’s appointment; gaps in treatment invite insurer skepticism.
- Create a separate email folder for adjuster communications.
- Do not post about the crash on social media—insurers monitor your profiles.
- Ask teachers and coaches to document any behavioral or performance changes in children.
- Request a certified copy of the crash report from NCDMV within 10 days.
- Consult an attorney before accepting any settlement, even if it seems fair.
- Calendar the three-year statute of limitations (or the child’s 21st birthday) as a safety net.
