Understanding the Problem

If you were a pedestrian in North Carolina and a driver hit you and left before you could identify the vehicle, you may be wondering whether you can still make a claim for your injuries even though there was no police report at the time.

Apply the Law

North Carolina law requires a driver involved in a crash with injury to stop, provide identifying information, and render reasonable assistance. Leaving the scene can be a crime, but the criminal case is separate from your injury claim. When the driver cannot be identified, many injured pedestrians look to uninsured motorist (UM) coverage, which North Carolina generally requires to be included with auto liability policies and which can apply to hit-and-run situations. Separately, a typical negligence injury lawsuit must be filed within three years in most cases.

Key Requirements

• Report and document the crash: Even if it is late, making a report and creating a paper trail can matter for both investigation and insurance.
• Identify possible UM coverage: UM coverage may apply to you as a pedestrian under your own auto policy or a resident relative’s household policy.
• Meet UM “unknown driver” conditions: North Carolina’s UM statute includes specific steps for claims where the driver’s identity cannot be ascertained, including a prompt report requirement and notice to the insurer.
• Prove fault and injury: You still must show the driver was negligent and that the crash caused your injuries (medical records and consistent reporting help).
• Watch the lawsuit deadline: A standard personal injury claim generally has a three-year statute of limitations.
• Avoid statements that can be used against you: Early comments like “I’m fine” or gaps in treatment can be used to argue you were not hurt or were hurt elsewhere.

What the Statutes Say

• N.C. Gen. Stat. § 20-166 (Duty to stop; provide information; render aid) - Requires drivers in injury crashes to stop, provide identifying information, and render reasonable assistance.
• N.C. Gen. Stat. § 20-166.1 (Crash reports; notice to law enforcement) - Requires immediate notice to the appropriate law enforcement agency for reportable crashes and addresses crash reporting/investigation.
• N.C. Gen. Stat. § 20-279.21 (UM coverage; unknown driver procedures) - Requires UM coverage in many auto policies and includes special rules for hit-and-run/unknown driver claims, including reporting and notice steps.
• N.C. Gen. Stat. § 1-52 (Three-year statute of limitations) - Sets a three-year limitations period for many personal injury claims.

Analysis

Apply the Rule to the Facts: Here, the key issue is that the driver is unknown because they left the scene and there was no police report or identifying information at the time. That does not automatically end the case, but it usually shifts the focus to whether you have UM coverage available and whether you can satisfy UM claim requirements for an unknown driver while also proving the crash caused your leg injury and any missed work. Because the crash happened around spring of last year, you also need to keep the three-year lawsuit deadline on your calendar while you gather proof and evaluate insurance options.

Process & Timing

1. Who files: You (the injured pedestrian) and/or your attorney. Where: For a late report, contact the appropriate local law enforcement agency for where the crash happened (city police if in a city/town; otherwise the county sheriff or State Highway Patrol). What: Provide a statement of what happened, where, and when; ask how to document a hit-and-run report now. When: As soon as possible—especially because UM “unknown driver” claims can hinge on prompt reporting and prompt notice to the insurer.
2. Open the insurance claim: Notify any auto insurer that might cover you (your own policy and any household policy where you are an insured). Ask specifically about uninsured motorist (UM) / hit-and-run coverage and what documentation they require. Expect the insurer to request details, medical records, wage documentation, and any witness/camera information.
3. Preserve your civil claim: If the driver is not identified, a lawsuit may be filed under the UM statute’s procedures (often involving the UM carrier). If the driver is later identified, the claim may shift toward the at-fault driver’s liability insurance. In either event, do not let the three-year deadline pass without getting legal advice on filing.

Exceptions & Pitfalls

• Late reporting can hurt an unknown-driver UM claim: North Carolina’s UM statute includes a “report within 24 hours or as soon thereafter as may be practicable” requirement for unknown-driver situations. If you did not report at the time, you should still report now and be prepared to explain why it was not practicable earlier.
• No medical visit does not mean no case—but it creates proof issues: If you did not go to the ER or use an ambulance, the insurer may argue the impact was minor or unrelated. Getting appropriate medical evaluation and documenting symptoms can help connect the injury to the crash.
• Contributory negligence arguments: North Carolina follows strict contributory negligence rules in many negligence cases. Insurers often look for any evidence the pedestrian contributed to the crash (for example, crossing outside a crosswalk or against a signal). Early investigation matters.
• Missing evidence window: Video from nearby cameras and witness memories can disappear quickly. Even months later, it is still worth checking for witnesses, receipts, location data, and any available footage, but delays can reduce what is recoverable.
• Insurance notice and cooperation requirements: UM claims often involve forms, recorded statements, and documentation requests. Failing to respond or giving inconsistent details can create coverage disputes.

Conclusion

If you were hit by a car as a pedestrian in North Carolina and the driver took off before you could get the license plate, you may still have a path to recovery—most commonly through uninsured motorist (UM) coverage that can apply to hit-and-run/unknown driver crashes. You will need to document the crash, prove fault and injury, and follow UM reporting and notice rules, while also protecting the three-year personal injury lawsuit deadline. Next step: promptly notify the appropriate law enforcement agency and your auto insurer(s) to start the UM claim process.

Talk to a Personal Injury Attorney

If you're dealing with a pedestrian hit-and-run where the driver is unknown, our firm has experienced attorneys who can help you understand your options, insurance requirements, and timelines. Reach out today.

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.