North Carolina Car Accident Compensation Laws

North Carolina car accident laws can make it difficult for accident victims to recover damages after a serious vehicle accident. North Carolina is an at-fault state, so drivers file insurance claims with the other driver's insurance company. The state uses a harsh contributory negligence law that limits a driver's ability to file a personal injury claim.

You must understand North Carolina's laws and restrictions when you need to make a claim after your accident. You also need a personal injury lawyer to help you file a claim correctly.

North Carolina Car Accident Laws

North Carolina is an "at-fault" state. After an auto accident, drivers file car accident claims with the other driver's insurance. The insurance company pays for all damages caused by the at-fault driver up to the policy limit. The drivers pay extra costs out of pocket.

North Carolina drivers must have minimum car insurance liability coverage. Your minimum insurance coverage pays for damages you cause, not your injuries or property damage. Minimum insurance requirements are:

• $30,000 bodily injury liability coverage per person
• $60,000 liability coverage per accident
• $25,000 property damage coverage

Drivers must also have uninsured/underinsured motorist coverage (UI/UIM). This pays your expenses if the at-fault driver has no insurance or their policy does not cover your damages. The minimum UI/UIM coverage is the same as liability insurance: 30/60/25.

Contributory Negligence

North Carolina is one of five jurisdictions (Alabama, Maryland, Virginia, and the District of Columbia) that use a harsh contributory negligence standard. Under this rule, drivers who are even partially responsible for their injuries or damage in a car crash can't recover any damages.

Most states use a comparative negligence rule, which allows drivers to recover damages in proportion to their degree of fault. Contributory negligence means that if a driver is even 1% at fault, they cannot recover anything. Car accident victims should consult an attorney before making any insurance claims after a car accident.

Damages and Limits

In a car accident case, "damages" are the monetary costs of the accident, such as medical bills and repair costs. In North Carolina, you may claim two types of damages in a personal injury case.

Economic damages are objective or tangible damages. Insurance adjusters calculate these damages based on accident reports, medical records, and other documentary evidence.

Non-economic damages are more difficult to determine. These are intangible injuries, like pain and suffering and emotional harm.

Damages you can claim in North Carolina include:

• Medical expenses, including future costs and rehabilitation
• Lost wages and income
• Pain and suffering
• Emotional distress
• Disability or disfigurement

Car accident cases seldom meet the requirements for punitive damages. If the at-fault driver's actions were unusually reckless or malicious, courts can award the injured person punitive damages.

Limits

North Carolina does not have damage caps on economic or non-economic damages. Punitive damages have a statutory cap of $250,000 or three times the amount of compensatory (economic and non-economic) damages. The cap does not apply if the accident was alcohol-related.

North Carolina's statute of limitations for personal injury cases, including motor vehicle claims, is three years from the date of the accident. The statute for property damage is also three years. In some cases, claimants must go through the insurance company's claims process before they can file a lawsuit (known as "exhausting your remedies"). Check your insurance policy.

Get Legal Advice from a North Carolina Car Accident Attorney

Whether you need help with a denied insurance claim or have concerns about a wrongful death claim, you need advice from an experienced North Carolina car accident lawyer. There are time limits to consider as well. Don't wait to reach out for legal help.