What Do You Do After a Car Accident in North Carolina?

From the team at Huggins Law Firm, P.C., we know that a car accident is one of the most sudden, scary, and confusing things that can happen to you.

One minute, you are driving down I-40 or I-85. The next, you are standing on the side of the road, your car is wrecked, and you are in pain. Your head is pounding. You don’t know what to do next.

Then, the phone calls start. The other driver’s insurance adjuster is calling you. They sound so nice. They want to “help.”

We want to stop you right there.

As a law firm that has served North Carolina for decades, we have seen this story play out thousands of times. Our team has deep experience in Personal Injury, Criminal Law, Family Law, Estate Planning, and Bankruptcy. We are not just “car accident lawyers.” We are a full-service firm that has been protecting families in Greensboro, Winston-Salem, and High Point for a long time.

We are here to give you simple, clear answers. This page is your guide. We are going to tell you about the one secret rule in North Carolina that the insurance company is praying you don’t know about.

It’s a rule that can take a $100,000 case and turn it into $0.

Key Takeaways from This Page

We know you are in pain and stressed. If you only read one section, make it this one:

• The “Contributory Negligence” Trap: North Carolina has a harsh rule that says if you are found even 1% at fault for your accident, you can be barred from getting one single penny.
• The Adjuster is NOT Your Friend. The only job of the other driver’s insurance adjuster is to save their company money. Their #1 tool is to try and prove you were that “1% at fault.”
• NEVER Give a Recorded Statement. Do not talk to the other insurance company. Do not give a recorded statement. It is a trap designed to get you to say something they can use against you.
• The Clock is Ticking. You have three (3) years from the date of the accident to file a lawsuit in North. Carolina. If you wait, you lose your rights forever.
• Don’t Sign Anything. That “quick check” for $1,000 they are offering you? It comes with a “release” form. If you sign it, you give up your right to ever ask for more money, even if you find out you need surgery next month.
• The best thing you can do is talk to an experienced lawyer first.

What is “Contributory Negligence” and Why Could it Cost Me Everything?

This is the most important section on this page. If you learn nothing else, learn this.

North Carolina is one of only four states in the entire country that still uses a very old, very harsh rule called “Pure Contributory Negligence.”

In most states, if you are in a wreck and you are 10% at fault and the other guy is 90% at fault, you can still get 90% of your money. That sounds fair, right?

That is NOT the law in North Carolina.

Here is how it works here:

The 99% Rule: Imagine the other driver runs a red light and plows into you. But the insurance company finds a tiny piece of data that shows you were going 2 miles over the speed limit.

A judge or jury might say the other driver was 99% at fault, but you were 1% at fault.

In North Carolina, 1% at fault means you get ZERO.

Nothing. Not one penny for your medical bills. Not a dollar for your wrecked car. Not a cent for your lost wages. $0.

This is the “contributory negligence” trap.

Now, do you understand why the insurance adjuster is calling you? Their only job is to find that 1%.

• They will ask tricky questions: “Were you in a hurry?” “Did you see them at the last second?” “Were you listening to music?”
• They will try to prove you were “distracted,” or you “didn’t brake fast enough,” or you “changed lanes without signaling.”
• They will do anything to pin 1% of the blame on you, so they can close your case and pay you nothing.

This is the #1 reason you need an experienced North Carolina car accident lawyer. Your lawyer’s job is to be your shield. Our job is to gather the evidence now—the police report, the 911 calls, the security camera footage, the witness statements—to prove that the other driver was 100% at fault and you were 0% at fault.

This one, single rule changes everything about your case.

“But the Adjuster Sounds So Nice…” (Why You Should NEVER Talk to Them)

After a crash, you will get a call from the at-fault driver’s insurance adjuster. They will sound calm, polite, and helpful. They will say things like:

• “We just want to get your side of the story.”
• “We can pay your medical bills right now.”
• “We just need a quick recorded statement to get this processed.”

This is a script. They are not your friend. They are not your “good neighbor.” Their legal and financial duty is to their company, not to you. Their job is to settle your claim for the least amount of money possible.

The Recorded Statement Trap

They will ask you for a “recorded statement.” You should NEVER agree to this without your lawyer. You are not legally required to give them one.

It is a trap. They are trained to ask questions that get you to guess or admit fault.

• Adjuster: “How are you feeling today?”
• You: “I’m feeling okay, I guess.”
• What they write in their file: “Victim stated they are ‘okay.’ Injuries are not serious.”
• Adjuster: “About how fast were you going?”
• You: “I don’t know, maybe 45 or 50? Around the speed limit.”
• What they write in their file: “Victim admits to going 50 in a 45 zone. Victim is 1% at fault. Deny claim.”

A lawyer will not let you be tricked. When you hire our firm, we tell the insurance company to stop calling you. They are legally required to talk to us, and only us. This takes all the stress off your shoulders and lets you focus on one thing: getting better.

The “Quick Check” Trap

The other big trick is the “quick check.” The adjuster will offer you $1,000 or $2,000 right away, “just to help you out.”

This money comes with a “catch.” It is a legal document called a “Full and Final Release.”

If you sign that paper, your case is over. Forever.

• What happens if you wake up next week and your doctor says you need back surgery? Too bad. You signed the release.
• What happens if you can’t go back to work for three months? Too bad. You signed the release.

They are offering you a tiny bit of money now to “buy” your $100,000 claim for pennies on the dollar. Never sign anything from an insurance company without having a car accident lawyer review it first.

How Long Do I Have to File a Car Accident Lawsuit in North Carolina?

This is a hard deadline. It is called the “Statute of Limitations.”

In North Carolina, for a personal injury claim, you have three (3) years from the date of the accident to file a lawsuit.

• (For a wrongful death claim, the family has two (2) years from the date of death.)

This law is found in the North Carolina General Statutes § 1-52(16).

This sounds like a long time. It is not. If you call a lawyer on year 3 and day 1, we cannot help you. Your case is legally gone, and no judge can bring it back.

You also cannot wait to call a lawyer. The best time to find a lawyer is in the first few days after the crash. Why? Because…

• Evidence disappears. Security video from a gas station on the corner gets erased after 72 hours.
• Witnesses move. The person who saw the whole thing might move to another state next month.
• Memories fade. A witness’s memory is best in the first week. By year two, they can’t remember the details.
• The insurance company is building their case. While you are at home in pain, they are already working to build a case against you.

When you hire our team, we get to work that day. We send our investigators to the scene. We send “spoliation letters” to businesses, legally demanding that they save their video footage. We find the witnesses. We take the photos. We build your case while the evidence is fresh.

What Causes All These Wrecks in Greensboro, Burlington, and Winston-Salem?

Our firm is right here in the Triad. We drive the same roads you do. We see the wrecks on I-40, I-85, I-73, and Business 85 every single day. We know the dangerous intersections in Greensboro, High Point, and Burlington.

While every crash is unique, our lawyers see the same causes over and over.

• Distracted Driving: This is the #1 epidemic. It is not just texting. It’s people eating, changing the GPS, putting on makeup, or dealing with kids in the backseat. In a recent year, the N.C. Department of Transportation (NCDOT) reported over 40,000 crashes where “distracted driving” was a key factor.
• Speeding and Driving Too Fast for Conditions: People fly down the interstates connecting Greensboro, Winston-Salem, and Kernersville. Even if you are “only” going 10 over, you are putting everyone at risk.
• Drunk Driving (DWI): This is one of the most serious cases we handle. When a drunk driver hurts someone, it is not just an “accident.” It is a crime.
• Following Too Closely (Tailgating): This is the main cause of all those “chain-reaction” rear-end crashes you see on the I-40 bypass.

If you were hit by a drunk or distracted driver, you need a lawyer to hold them accountable.

What is My Car Accident Case Worth? (A Simple Guide to “Damages”)

This is the question everyone asks: “What is my case worth?”

The answer is, “It depends.” Any lawyer who gives you a dollar amount in your first phone call is not being honest with you. We cannot know what your case is worth until we know how badly you are hurt.

The legal word for what you can get is “damages.” In North Carolina, we put your damages into three “piles.”

Pile 1: Economic Damages (The “Bill” Pile)

This is all the money you lost that we can add up with a calculator.

• Medical Bills: All of them. The ambulance, the ER, the x-rays, the surgery, the physical therapy, and the future medical care you will need.
• Lost Wages: The paychecks you missed because you were out of work.
• Lost Earning Capacity: If your injury is so bad you can’t go back to your old job, we can get money for the future income you will lose.
• Property Damage: The cost to fix or replace your car.

Pile 2: Non-Economic Damages (The “Human” Pile)

This is the “human” cost of the crash. It is harder to add up, but it is just as real.

• Pain and Suffering: The physical pain, the sleepless nights, the stress.
• Mental Anguish: The anxiety, the depression, the PTSD you feel every time you get in a car.
• Permanent Scarring or Disfigurement: If the crash left you with a visible scar or a limp.
• Loss of Enjoyment of Life: You used to love playing golf or picking up your grandkids, and now you can’t.

Pile 3: Punitive Damages (The “Punishment” Pile)

This is a very special type of damages. It is not for “accidents.” It is meant to punish the other driver for behavior that was “willful or wanton.

“The #1 example is Drunk Driving (DWI). If you were hit by a drunk driver, our lawyers will not just ask for money for your “bill pile” and “human pile.” We will ask a jury to punish that driver for getting behind the wheel. This is where our Criminal Law experience is a huge help. We know how to use their criminal conviction to win your civil case.

Why You Need a Local Lawyer for Your Accident

You see the ads on TV. Big national firms with a 1-800 number. They promise you the “best” result.

Here is the truth: your car accident case is not in “America.” It is in Guilford County. Or Forsyth County. Or Alamance County.

You need a local lawyer.

• A lawyer in Greensboro knows the reputation of the local insurance defense lawyers.
• A lawyer in Winston-Salem has stood in front of the local judges and knows how they rule.
• A lawyer in Graham, Burlington, or Asheboro knows the local court rules and the local community.

Our firm is part of this community. We are not a settlement mill in another state. We are the same law firm that your neighbors trust with their Estate Plan, their Family Law case, or even a Bankruptcy filing. We are here, on the ground, and we are ready to fight for you.

When you are searching for the “best personal injury lawyer near me,” you are really searching for someone who understands your community. We do.

We Are Here to Be Your Shield

The time after a car accident is scary. The law in North Carolina is a trap for victims. The “contributory negligence” rule is designed to help one group: the insurance companies.

Our job is to be your shield. Our job is to take on the fight, to handle the phone calls, and to build a case that proves you were 0% at fault.

Your only job is to get better.

It costs you nothing to talk to us. All of our Personal Injury cases are handled on a “contingency fee.” That’s a simple promise: We only get paid if we win your case.

Call us. Let’s talk about what happened.