North Carolina Car Accident Settlement Process and Timeline

To paraphrase Benjamin Franklin, death and taxes are the only things certain in this world. Had he lived in modern times, he might have added getting into an auto accident to that list. While nobody wants to be in a car crash, chances are you'll have at least one fender bender in your driving career.

In the aftermath of an accident, you'll have many questions. If you're injured as well, you'll have even more concerns. Understanding North Carolina's auto and insurance laws can help, as can knowing the state's accident compensation laws.

Knowing what to expect as your car accident lawsuit moves forward can bring peace of mind at a difficult time. In this article, we'll overview important laws before focusing on the steps involved in the North Carolina accident process. You'll learn how insurance companies function, the settlement timeline, the car accident settlement process, how they will handle your personal injury claim, and how long each phase should take.

North Carolina Car Accidents and Crash Reports

In North Carolina, you must call law enforcement to the scene of an accident if any of the following applies:

• There is a death
• There is an injury
• There is more at least $1000 of property damage

This is a reportable accident. The responding police officer will create an accident report called a Crash Report Form DMV-349. This police report will have observational data, statements from those involved in the crash, and witness statements.

Insurance companies will use this crash report to determine who is the at-fault party (caused the accident) and what damages should be awarded. You'll need a copy of the crash report Form DMV-349 for any insurance claims. If you plan to file a car accident injury lawsuit, you'll need a copy of your medical records for yourself or an attorney.

To understand how important this form is for you and resolving your insurance claims, look at FindLaw's North Carolina Car Accident Report Basics article.

North Carolina Car Insurance Laws

North Carolina's mandatory minimum insurance requirements include liability insurance of at least:

• $30,000 for bodily injury to or death of one person
• $60,000 for bodily injury to or death of more than one person
• $25,000 for property damage in any one accident
• Supplemental uninsured motorist

Other optional insurance types are also available, such as Medpay, which covers medical bills. The liability insurance of the at-fault driver will handle most injury and damage claims from auto accidents. Make sure you understand your insurance coverage.

Understanding North Carolina Fault and Negligence

When it comes to car accidents, North Carolina is an at-fault state. In simple terms, the person determined to be the most responsible for causing the accident is liable for paying the damages, medical expenses, and medical treatments of the other drivers.

But North Carolina's use of contributory negligence can alter that. This doctrine states that if you're at fault in the accident, even as little as 1%, you might not recover any damages.

If you're worried about getting a fair settlement amount in your accident case or need to ensure you don't get ruled as responsible for the crash, consider speaking with a car accident lawyer experienced in personal injury cases.

North Carolina Legal Filing Time Limits

You have a finite period to bring a lawsuit in North Carolina, known as a statute of limitations. For a personal injury filing, you have three years. In most instances, any attempt to file after that period will get denied.

North Carolina Settlement Process and Timeline

The chart below offers both relevant laws and a step-by-step timeline of what you need to do and what you should expect to happen in the insurance claims process after your North Carolina car accident claim.

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

How Long Will My Car Accident Settlements Be in North Carolina?

In the case of car accident damage claims, life does not imitate a television courtroom drama. Few car accident cases end in trials, as going to court is costly, uncertain, and time-consuming. It's much more likely you'll end with a negotiated settlement. While neither side gets everything they want, they both get to skip excessive legal fees and stress.

North Carolina requires mandatory settlement conferences in nearly all civil cases with a neutral mediator. Even if a settlement isn't reached with the mediator, your attorney will likely continue to discuss settlement options with you and the other party.

Questions About North Carolina Car Accident Settlements? Ask an Attorney

Many factors go into determining whether a settlement offer is fair, including the amount of damages, the likelihood of success at trial, and the insurance coverage. A single mistake can doom you to failure.

Given the seriousness of the situation, consider speaking to an experienced car accident attorney or personal injury lawyer in North Carolina. Their case evaluation of the settlement offers and other legal issues can help you achieve your best possible outcome.