Short Answer

Yes. In North Carolina, you sue the at-fault driver, not their insurance company. An insurer’s denial does not prevent you from filing a negligence lawsuit. Most injury claims from car crashes must be filed within three years, and you must serve the defendant under the Rules of Civil Procedure. North Carolina’s contributory negligence rule can bar recovery if you were also negligent, so act promptly and carefully.

Understanding the Problem

North Carolina drivers ask: Can I file a lawsuit when the other driver’s insurer denies fault and won’t pay my medical and ambulance bills? Here, the insurer disputes fault even though a police report was made after the other driver pulled out near a school drop-off. The decision point is whether you can move forward in court in North Carolina to hold the at-fault driver legally responsible.

Apply the Law

In North Carolina, a motor-vehicle injury lawsuit is a negligence claim filed against the at-fault driver in District or Superior Court. The main forum is the county’s General Court of Justice (Clerk of Superior Court is the filing office). Most personal injury claims must be filed within three years of the crash. Service of the summons and complaint must comply with the Rules of Civil Procedure; a summons should be served within 60 days of issuance, and you can keep the case alive by timely issuing alias and pluries summonses if needed. There is no pre-suit demand requirement. Superior Court cases will be ordered to mediated settlement conference.

Key Requirements

• Negligence elements: You must show duty, breach (e.g., unsafe turn or failure to yield), causation, and damages (medical bills, lost income, pain).
• Proper defendant: Sue the at-fault driver; you generally may not sue their liability insurer directly.
• Deadline: File within three years of the crash for bodily injury; different limits apply to wrongful death and some special claims.
• Service of process: Serve the summons and complaint under Rule 4 within 60 days of issuance, or renew timely with alias and pluries summons.
• Forum and amount: File in District Court for lower-value claims and Superior Court for higher-value claims; the division depends on the amount you seek.
• Defenses: Contributory negligence is a complete defense unless an exception (like last clear chance) applies; the defendant bears the burden to prove it.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitations for certain actions) - Personal injury negligence claims generally must be brought within three years.
• N.C. Gen. Stat. § 1A-1 (Rules of Civil Procedure) - Rule 3 (how to commence a civil action) and Rule 4 (summons and service; 60-day service; alias and pluries).
• N.C. Gen. Stat. § 1-139 (Contributory negligence—burden) - Defendant bears the burden to plead and prove contributory negligence.
• N.C. Gen. Stat. § 7A-38.1 (Mediated settlement conferences—Superior Court) - Most Superior Court civil cases require mediation.

Analysis

Apply the Rule to the Facts: The other driver allegedly pulled in front of you near a school drop-off, which can support breach of the duty to keep a proper lookout and yield. Your medical treatment and need for surgery show damages, and the crash is the claimed cause. The insurer’s denial does not control the court’s decision; you can sue the driver and use witnesses, photos, and any officer testimony to prove fault. With the statute of limitations approaching, filing now is critical to preserve your claim.

Process & Timing

1. Who files: You (the injured person). Where: File with the Clerk of Superior Court in the county where the defendant resides or where the crash occurred. What: Complaint, Civil Summons (AOC-CV-100), and Civil Action Cover Sheet (AOC-CV-521). When: File before the three-year limitation runs; serve the summons and complaint within 60 days of issuance (use alias and pluries summons within 90 days of the prior issuance if needed). If time is short, you may commence by issuance of a summons and file the complaint within 20 days.
2. Serve the defendant via sheriff, certified mail, or another Rule 4 method. After service, the defendant generally has 30 days to answer (extensions are common). Discovery typically follows, and in Superior Court the case will be ordered to mediation.
3. Unresolved cases proceed to trial for a judge or jury to determine fault and damages. If you obtain a judgment, the defendant’s insurer may cover it up to policy limits, subject to the policy and law.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, recovery may be barred unless an exception like last clear chance applies; the defendant must prove this defense.
• Wrong defendant: Sue the at-fault driver; you generally cannot sue their liability insurer directly.
• Service traps: Missing the 60-day service window without timely alias and pluries summons can jeopardize your case even if you filed on time.
• Evidence issues: Police reports help insurers evaluate claims but are often not admitted at trial to prove fault without proper witness testimony.
• Tolling: Special rules can extend deadlines for minors or legally incapacitated people; confirm if any tolling applies to your situation.

Talk to a Personal Injury Attorney

If you're dealing with an insurer denying fault after a North Carolina car crash and the clock is running, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 555-010-0000.

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.