Short Answer

In North Carolina, you move a personal injury claim forward by giving your attorney and the insurer enough proof of fault, insurance coverage, and damages. Start with the crash report, photos, witness contacts, your auto insurance details (including UM/UIM and MedPay), medical records and bills, and proof of lost income. The lawsuit deadline is generally three years from the crash, so do not wait; opening an insurance claim does not stop that clock.

Understanding the Problem

You want to know exactly what to provide so your North Carolina car accident claim can start and move forward efficiently. You (the injured person) need to supply core facts and documents that show how the crash happened, what insurance applies, and what losses you suffered. Because your wreck was nearly two years ago, timing matters: you need to organize materials now so your attorney can open claims and protect your right to sue if needed.

Apply the Law

North Carolina is a fault-based state. To advance a personal injury claim, you must show liability (who caused the crash), available insurance (at-fault driver’s policy and your own UM/UIM and MedPay, if any), and damages (your injuries, medical costs, wage loss, and other out-of-pocket expenses). Claims are usually presented first to the insurance companies, but if settlement does not occur, a lawsuit is filed in the North Carolina District or Superior Court in the proper county. The general deadline to file a personal injury lawsuit is three years from the date of the accident; submitting an insurance claim does not extend that deadline.

Key Requirements

• Liability proof: Crash report, photos/video, and witness information that explain how the other driver was at fault.
• Insurance information: At-fault driver’s insurer and claim number (once opened) and your auto policy declarations page showing liability, UM/UIM, and any MedPay.
• Injury and treatment records: Medical records, itemized bills, and provider list for all treatment related to the crash.
• Income loss documentation: Recent pay stubs, W-2s or tax returns, and an employer letter verifying time missed and wage rate.
• Out-of-pocket proof: Receipts for medications, medical devices, travel to treatment, and other crash-related costs.
• Authorizations and identifiers: Signed HIPAA releases, health insurance information (including Medicare/Medicaid, if applicable), and your driver’s license.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - General three-year deadline for negligence-based personal injury claims.
• North Carolina Gen. Stat. § 20-279.21 (Auto insurance coverages) - Governs required auto coverages, including UM/UIM; MedPay may be available under your policy.

Analysis

Apply the Rule to the Facts: Because your crash was nearly two years ago and no claim is filed, gather the crash report, photos, and any witness contacts now so liability can be presented. Provide your auto policy declarations page to check UM/UIM and any MedPay, and collect medical records, bills, and proof of missed work to quantify damages. Your attorney can work on a contingency fee, and any MedPay work applies only if that coverage exists; this does not change the documents you should provide. If settlement is not reached, you must file suit before the three-year deadline.

Process & Timing

1. Who files: You (through your attorney). Where: Open claims with the at-fault driver’s insurer and, if applicable, your own insurer for UM/UIM and MedPay. What: Provide the DMV-349 crash report, photos, witness list, your insurance declarations, HIPAA releases, medical provider list, bills, and wage documents. When: As soon as possible; do not wait for treatment to finish to open claims.
2. Next: Your attorney orders complete medical records and bills, compiles lost wage proof, and sends a demand package to the insurer. Insurers commonly take several weeks to review; timelines vary by county and claim complexity.
3. Final: If the claim does not resolve, your attorney files a complaint in North Carolina District or Superior Court in the proper county before the three-year statute runs. The court issues a civil summons for service on the defendant.

Exceptions & Pitfalls

• Contributory negligence: If you are even slightly at fault, North Carolina law can bar recovery; be careful with recorded statements and stick to facts.
• Government or hit-and-run claims: Special notice rules and shorter timelines can apply; raise these immediately with your attorney.
• Insurance notice traps: Delay can jeopardize MedPay or UM/UIM benefits; notify your insurer promptly and follow policy cooperation requirements.
• Missing documents: Incomplete medical records, no itemized bills, or lack of wage proof slows negotiation; keep a running list of providers and receipts.
• Social media: Posts can be used against you; avoid discussing the crash or your injuries online.
• Clock does not pause: Insurance talks do not toll the statute; calendar the three-year deadline from the crash date.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina car accident claim and need to assemble the right documents, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.