Car accident claims: what to do next in North Carolina

Who pays: the driver at fault

North Carolina is an at-fault state with no PIP rule. You can make an injury claim against the driver at fault. The state insurance department says such claims can include doctor and hospital bills, lost wages and pain and suffering from the crash.

Medical payments coverage is optional. If you bought it, it pays needed medical and funeral costs from a crash, up to its limit. It pays no matter who was at fault.

How fault is shared

North Carolina uses contributory negligence. This rule can bar your claim if your own carelessness helped cause your injury. The state insurance department puts it plainly. If you help cause a crash, you may not be able to collect from the other driver. The driver you claim against must prove that you were careless.

There is an exception called last clear chance. You may still recover if the other driver had the time and chance to avoid the harm, even though you were careless. The courts use a set test for this, including when a driver hits a person on foot.

Coverage drivers must carry

North Carolina raised its minimums for policies issued or renewed on or after July 1, 2025. Policies must now cover at least $50,000 per person and $100,000 per crash for injuries you cause. They must also cover $50,000 for property damage. The old limits were $30,000 per person, $60,000 per crash and $25,000 for property.

Source: NCDMV: Insurance requirements · as of Oct 5, 2026

Source: NCDMV: Insurance requirements · as of Oct 5, 2026

Source: NCDMV: Insurance requirements · as of Oct 5, 2026

Each policy must also have uninsured and underinsured motorist coverage. This pays when the other driver is at fault and has too little insurance or none. Its injury limits match the top injury limits on your own policy, unless you choose other limits.

Reporting the crash

After a crash, drivers must stop, help anyone who is hurt, and share their name, address, license number and plate number. If anyone is hurt or killed, or damage looks like $1,000 or more, the driver must tell the police right away. In a city or town, call the local police. Outside one, call the highway patrol or the sheriff.

Source: NCDMV: North Carolina Driver's Handbook · as of Oct 5, 2026

Drivers do not file their own crash form in North Carolina. The officer who looks into the crash writes the report within 24 hours. If you were in the crash, you can order a redacted copy from the DMV in person or by mail, but not online.

If you hit a parked car with no one in it, you must report it to the owner within 48 hours. After a crash that must be reported, the DMV can also ask a driver to show proof of insurance.

Deadlines

Most North Carolina injury lawsuits must be filed within 3 years. The time usually starts when the injury becomes apparent, or should have. A claim for a death must be filed within 2 years.

North Carolina's strict fault rule makes the details of a crash matter, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.