Short Answer

In North Carolina, you start by reporting the crash, getting medical care, and notifying the at‑fault driver’s insurance and your own insurer about your injury claim. Keep clear records of your lower back treatment and expenses. If settlement talks stall, you can file a lawsuit in North Carolina state court, but most injury claims have a three‑year deadline from the crash date.

Understanding the Problem

You want to know how, in North Carolina, you can start a car accident injury claim for your own bodily injury, specifically lower back pain, after a recent crash. The key is understanding what you must prove, when to notify insurers, and how to preserve your right to sue if needed. Here, you are the injured person seeking payment for medical care and related losses.

Apply the Law

North Carolina negligence law requires you to show the other driver failed to use reasonable care, that this caused the crash, and that the crash caused your lower back injury and losses. North Carolina follows contributory negligence, which can bar recovery if you were also negligent, so documenting fault matters. Most claims start with the at‑fault driver’s insurer; if you sue, you file in North Carolina state court, typically in the county where the defendant lives or where the crash happened. The general deadline to file a personal injury lawsuit is three years from the crash date.

Key Requirements

• Fault: Show the other driver breached a duty (for example, unsafe speed or inattention) and caused the collision.
• Causation and injury: Link the crash to your lower back condition through prompt, consistent medical records.
• Damages: Document medical bills, lost income, and pain-related impacts with records, receipts, and notes.
• Contributory negligence risk: If you were also negligent, recovery can be barred; evidence on liability is critical.
• Insurance paths: Make a claim with the at‑fault driver’s insurer; use your own UM/UIM or MedPay coverage if applicable.
• Deadline: Most personal injury lawsuits must be filed within three years of the crash.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations) - Generally gives three years to file most personal injury actions.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Sets rules for uninsured/underinsured motorist claims.
• North Carolina Gen. Stat. § 44-49 (Medical liens) - Allows certain medical providers to assert liens on injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Payment of medical liens) - Governs payment and limits for those liens from settlements.

Analysis

Apply the Rule to the Facts: You report lower back pain after the crash. To satisfy fault, gather photos, the crash report, and any witness information to show the other driver’s negligence. For causation and damages, seek prompt care, follow the treatment plan, and keep bills and records that tie your back symptoms to the collision. With that documentation, you can present a cohesive claim to the insurer and preserve your right to sue within the three‑year limit.

Process & Timing

1. Who files: You (the injured person). Where: Start with the at‑fault driver’s insurer and notify your own insurer as your policy requires. If you sue, file your Complaint with the Clerk of Superior Court in the proper North Carolina county. What: Insurance notice of claim; if filing suit, a Complaint, Civil Summons (AOC‑CV‑100), and Civil Action Cover Sheet (AOC‑CV‑751). When: Aim to notify insurers within days; lawsuits must be filed within the three‑year limitations period.
2. Collect and send medical records/bills and proof of wage loss; insurers often investigate for several weeks and may request a recorded statement—consider providing a written statement instead.
3. If settlement is reached, review the release and address medical liens before funds are distributed; if not, proceed with litigation and formal discovery in the assigned court division.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; do not assume “partial fault” will be offset.
• Gaps in care: Delayed or inconsistent treatment makes it harder to link your lower back pain to the crash.
• Recorded statements: Speaking to the other insurer on a recorded line can harm your claim; consider a written statement.
• Releases: Do not sign a property damage release that also waives bodily injury claims.
• UM/UIM notice: Your own policy may require prompt notice to preserve uninsured/underinsured motorist benefits.
• Medical liens: Hospitals and certain providers may have statutory liens; address them before settlement distribution.
• Minors and incapacity: Different timing rules can apply; confirm the correct deadline before relying on the general three‑year period.

Talk to a Personal Injury Attorney

If you’re dealing with lower back pain from a North Carolina car crash and need to start a claim, our firm has experienced attorneys who can help you understand your options and timelines. 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.