Short Answer

Yes. In North Carolina, you can usually recover “loss-of-use” damages when another driver’s negligence totals your car. The amount is based on the reasonable cost to rent a comparable vehicle (even if you did not actually rent one) for the time reasonably needed to obtain a replacement. You must prove fault, causation, and a reasonable replacement period, and you have to act reasonably to limit your downtime.

Understanding the Problem

The question is whether, in North Carolina, you can be paid for the time you were without transportation after your car was declared a total loss in a crash caused by someone else. Here, your car was totaled and you have been without a vehicle for weeks. You want to know if the at-fault driver’s insurer must pay you for that period of inconvenience and lost use.

Apply the Law

Under North Carolina law, property-damage compensation can include loss-of-use: the reasonable rental value of a similar vehicle during the time reasonably necessary to repair or, if the vehicle is a total loss, to obtain a comparable replacement. You do not have to actually rent a car to claim this measure, but you must show the time you were deprived of use and that you moved reasonably to replace the vehicle. Claims are usually presented first to the at-fault driver’s insurance; if unresolved, you can sue in civil court. A three-year deadline generally applies to property-damage claims arising from motor vehicle crashes.

Key Requirements

• Fault: Another driver’s negligence caused the crash that totaled your car.
• Causation: The crash caused you to be without the vehicle.
• Loss-of-use measure: Reasonable rental value of a comparable vehicle for the period reasonably needed to obtain a replacement.
• Reasonableness/mitigation: You must act reasonably to limit downtime (e.g., start the replacement process promptly).
• Proof: Keep the total-loss letter/valuation, dates you lacked a vehicle, rental quotes or receipts, and any records showing efforts to replace the car.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Generally gives three years to file property-damage claims.
• North Carolina Gen. Stat. § 20-279.21 (Financial responsibility) - Sets required auto liability coverage, which includes property damage.
• North Carolina Gen. Stat. § 7A-210 (Small claims jurisdiction) - Explains the small-claims division and its dollar limits for filing modest property-damage claims.

Analysis

Apply the Rule to the Facts: Your car was totaled and you have been without transportation for weeks. You can seek loss-of-use from the at-fault driver’s insurer for a reasonable replacement period, valued by what it would cost to rent a similar car. Your MedPay reimbursement for medical bills does not cover or reduce your separate property claim for loss-of-use. A low bodily-injury offer does not dictate the amount of your property-damage claim; they are negotiated and settled separately unless combined by agreement.

Process & Timing

1. Who files: You (the not-at-fault driver). Where: Start with the at-fault driver’s insurer; if no fair payment, file in North Carolina civil court by initiating the action with the Clerk of Superior Court in the proper county. What: Send a written demand with proof of total loss, dates without a vehicle, and rental value/receipts; for small claims, use the AOC-CVM-200 (Complaint for Money Owed). When: Submit your demand as soon as the vehicle is declared a total loss; the general deadline to file suit is three years from the crash.
2. Next: The insurer evaluates and may pay loss-of-use for a reasonable replacement period; this often takes days to a few weeks, but timing varies by county and insurer workload.
3. Final: If unresolved, file suit in Small Claims (up to $10,000), District Court (over $10,000 up to $25,000), or Superior Court (over $25,000). Outcome is a settlement or judgment for proven loss-of-use.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, North Carolina’s contributory negligence rule can bar recovery from the other driver.
• Total-loss timing: Loss-of-use usually stops when a reasonable person could have obtained a comparable replacement; avoid avoidable delays.
• No double recovery: If your policy’s rental reimbursement paid some rental costs, the at-fault insurer gets a credit; you cannot collect the same days twice.
• Documentation gaps: Not renting a car does not kill the claim, but you still need evidence of the period without a vehicle and the reasonable rental value.
• Release language: Do not sign a property-damage release that accidentally waives your bodily-injury claim unless you intend a global settlement.

Talk to a Personal Injury Attorney

If you're dealing with weeks without a car after a total loss and an insurer disputing your losses, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 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.