There were 1,658 people killed and 105,382 people injured in car accidents in North Carolina in 2020. Sadly, these numbers reflect an increase in both the number of people who were hurt and the number of people who died on the road compared with the prior year.
When a North Carolina car accident happens, there are laws that govern what happens next. This guide helps you to better understand what to expect when a collision occurs.
North Carolina Minimum Insurance Requirements
In North Carolina, drivers must buy liability insurance. There are set minimum coverage requirements. You can choose to buy more than the required coverage, but not less.
The minimum amount of liability insurance in North Carolina is:
- $30,000 in bodily injury coverage per person
- $60,000 in total bodily injury coverage per accident
- $25,000 in property damage liability coverage
Essentially, this means that if you get into an accident, your insurance will pay up to $30,000 per injured victim but will only pay out a total maximum amount of $60,000 no matter how many people were hurt. This isn’t a large amount of money, especially since crashes can cause serious injuries, so many drivers smartly opt to buy more than the minimum protection.
When Does a North Carolina Car Accident Have to Be Reported to the Police?
North Carolina law requires you to report a car accident to the police if:
- Anyone was hurt in the collision
- Anyone was killed in the collision
- The collision caused $1,000 or more of property damage
Drivers are also required to stop at the scene of an accident and exchange contact details and other relevant information with the other parties involved in the accident.
It is a good idea to report any collisions that happen, as well as to get the contact details of witnesses in addition to contact info for other motorists in the crash. Accident reports from the police and eyewitness testimony are invaluable if questions arise later regarding who was at fault for the accident.
Fault in North Carolina Car Accident Cases
Some states, called no-fault states, limit the rights of crash victims. In no fault states, drivers must buy a special kind of insurance called personal injury protection. PIP coverage pays for wage loss and medical costs when minor injuries happen, regardless of who caused the crash.
Because of these rules, if you live in a no-fault state, you have to go through your own insurance rather than making a claim with the insurer of the driver who was to blame for your crash. You can collect compensation from the at-fault driver only if your injuries meet your state’s definition of seriousness.
This isn’t the rule in North Carolina, though. North Carolina is a fault state so any crash victim can try to collect compensation from the driver who caused the accident. The severity of injuries doesn’t play a deciding role in whether a claim can be made.
North Carolina does have one very unusual rule though. It is one of a very small number of states that follow contributory negligence rules. Under contributory negligence, if you were even 1% responsible for causing your own crash to happen, you cannot make a case against the other driver.
The vast majority of states have abandoned this strict rule in favor of comparative negligence. These allow crash victims to sue to recover partial compensation from another driver who shared the blame for causing the accident. But since North Carolina hasn’t adopted comparative negligence, your own carelessness could prevent you from making a successful North Carolina car accident claim.
A North Carolina car accident lawyer helps you to better understand how contributory negligence rules could affect your ability to get the compensation you need and deserve after a crash.
Statute of Limitations for North Carolina Car Accident Cases
There is a three-year statute of limitations for making a car accident claim in North Carolina. This means you have three years from the time of the accident to move forward with your case. If you don’t, you’ll lose the legal right to try to recover compensation from the other driver.
Every state sets a statute of limitations for injury claims to protect people from having to defend lawsuits arising out of events that happened a long time ago. The theory is, most people won’t accurately remember what happened so many years ago, and evidence may be lost too.
Frequently Asked Questions (FAQs)
What happens after a car accident in North Carolina?
After a North Carolina car accident, you must report the collision to law enforcement if there were fatalities, injuries or if at least $1,000 in property damage occurred. If another driver was to blame for the accident, you may be able to pursue a claim against that other driver as long as you don’t share any fault for the crash and as long as the three-year statute of limitations has not yet run out.
How is fault determined in a car accident in North Carolina?
North Carolina is a fault state, so after any car accident a victim can sue the driver who was to blame for causing losses. This is in contrast to no-fault states, where each motorist’s personal injury protection (PIP) insurance pays for their lost wages and medical bills when injuries are minor.
However, North Carolina is a pure comparative negligence state, which means you can only pursue a claim for compensation from another motorist only if you did not contribute in any way to causing the crash to occur.
Is North Carolina a no-fault state for accidents?
A minority of U.S. states are no-fault car accident states. In these states, regardless of who caused a car accident, drivers must go through their personal injury protection (PIP) coverage to get compensation for more minor injuries. North Carolina is not one of these states, so it is always possible to hold the at-fault driver accountable for any crash losses that driver caused you to experience.