How can I file a personal injury claim when there’s no police report?: North Carolina guidance
How can I file a personal injury claim when there’s no police report? - North Carolina
Short Answer
In North Carolina, you can file an insurance claim or a lawsuit without a police report. The report helps, but it is not required to prove fault, causation, or damages. You will need other evidence—photos, witnesses, medical records, repair documentation, and insurance information—and you must act before North Carolina’s three-year deadline for personal injury claims. Notify the insurers promptly and preserve evidence right away.
Understanding the Problem
You want to know if you can still move forward in North Carolina after a car crash when no police report exists, and how to do it. As the injured driver who suffered fractures, you need clarity on whether the lack of a report blocks your claim, what proof substitutes for it, and what steps to take so you can recover your losses.
Apply the Law
North Carolina law does not require a police report to pursue a personal injury claim. What matters is evidence showing the other driver was negligent, that the crash caused your injuries, and that you have documented losses. Claims typically start with insurance (the at-fault driver’s insurer and your own coverage like medical payments and UM/UIM) and, if needed, proceed to court in the county where the defendant lives or where the crash occurred. The general deadline to file a personal injury lawsuit is three years from the date of the crash; shorter or different procedures can apply for government defendants.
Key Requirements
Liability evidence: Show the other driver failed to use reasonable care (for example, distraction or failing to yield) using photos, videos, vehicle damage, and witness statements.
Causation proof: Connect the crash to your injuries through EMS run sheets, hospital records, imaging, and treating provider notes.
Damages documentation: Collect medical bills, pharmacy receipts, mileage to treatment, and employer confirmation of lost wages or missed shifts.
Insurance notice: Promptly open claims with the at-fault insurer and your own policy (medical payments coverage and UM/UIM). Cooperate with your insurer; be cautious with recorded statements to the other insurer.
Filing deadline: File suit within three years of the crash; use the proper North Carolina trial court based on the amount in controversy.
Contributory negligence risk: Any fault assigned to you can bar recovery in North Carolina, so precise, consistent evidence is critical.
Apply the Rule to the Facts: You were the driver, sustained neck and ankle fractures, received emergency and inpatient care, and missed work. Those records and billing statements document causation and damages even without a police report. Liability can be proven through scene photos, repair estimates, witness statements, and any available video or 911 audio. Your health insurance helps pay care now, but providers or plans may claim reimbursement from any settlement, so track bills and insurance payments.
Process & Timing
Who files: You (or your attorney). Where: Open claims with the at-fault driver’s insurer and your own insurer (medical payments and UM/UIM). What: Provide a notice of claim, photos, witness info, medical records/bills, employer wage letter. If settlement fails, file a Civil Summons (AOC-CV-100) and Complaint in the proper North Carolina trial court. When: Give notice promptly and file any lawsuit within three years of the crash.
Gather and preserve evidence: request 911 audio, nearby business or traffic camera footage (often overwritten within days or weeks), EMS/hospital records, and vehicle data. Expect medical records to take 2–6 weeks and insurer review several weeks after submission.
Resolution: negotiate settlement; if not resolved, proceed with litigation in District or Superior Court depending on the claim value, then serve the defendant and move through discovery.
Exceptions & Pitfalls
Government defendants: Claims involving a state agency follow the Tort Claims Act and start at the Industrial Commission; local governments may have separate immunity rules.
Contributory negligence: Even small fault assigned to you can bar recovery; avoid speculative statements and keep your account consistent with physical evidence.
Evidence loss: Video and vehicle data can be overwritten quickly; send preservation requests early.
Recorded statements: Do not give a recorded statement to the other driver’s insurer before you understand the issues; focus on facts and avoid assigning blame.
Medical liens and reimbursement: Hospitals and certain providers may assert liens; health plans may seek reimbursement. Keep complete billing and explanation-of-benefits records.
Treatment gaps: Delays or missed appointments can undercut causation; follow your provider’s plan and keep receipts and attendance records.
Conclusion
You can pursue a North Carolina personal injury claim without a police report by proving fault, linking the crash to your injuries, and documenting your losses. Open claims with the at-fault insurer and your own policy, preserve evidence immediately, and be mindful of North Carolina’s three-year deadline. If settlement does not resolve your claim, file a Summons and Complaint in the proper North Carolina court before the deadline.
Talk to a Personal Injury Attorney
If you’re dealing with a crash and no police report, our firm can help you build evidence, navigate insurance, and protect deadlines. Reach out today. Call (919) 341-7055 or email intake@piercelaw.com.
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.
