What to do at the scene and in the days after
- Check for injuries and call 911. Ask for police and medical help if anyone is hurt.
- Take photos. Photograph the vehicles, the road, traffic signals, skid marks, and your injuries.
- Get names and numbers. Collect the other driver’s license, insurance, and plate information, and contact details for any witnesses.
- See a doctor. Some injuries, such as neck, back, and head injuries, show up hours or days later. A gap in treatment is something insurers point to.
- Get the crash report number. You will need it for insurance and for your claim.
- Be careful what you say. Do not guess about speed or distance, and do not apologize or argue fault at the scene.
How contributory negligence affects car accident claims
North Carolina follows contributory negligence. If you are found even slightly at fault for the crash, you generally cannot recover money from the other driver, even if that driver was mostly to blame.
In car cases, insurers often look for small things: a few miles over the limit, a glance at a phone, a missed turn signal, or a late brake. That is why their adjuster may ask you detailed questions early, sometimes on a recorded line.
There are narrow exceptions, and whether one applies depends on the evidence. No lawyer can tell you how fault will be decided without looking at the facts.
Insurance in a North Carolina crash
Several kinds of insurance may apply after a crash:
- The at-fault driver’s liability coverage. This pays for harm that driver caused, up to the policy limits.
- Your uninsured motorist coverage. This may apply if the other driver had no insurance, and in some hit-and-run crashes.
- Your underinsured motorist coverage. This may apply if the other driver’s coverage is too small for your losses.
- Medical payments coverage. Some policies include it to help with medical bills regardless of fault.
Your policy’s declarations page lists what you have. Bring it to your consultation. Your own policy may also require you to notify your insurer and cooperate, so read those terms or ask us to.
What a claim can include
A car accident claim may seek money for:
- Medical bills, past and expected
- Lost wages and lost ability to earn
- Pain, suffering, and loss of enjoyment of life
- Scarring or permanent injury
- Damage to your vehicle and property
What a claim is worth depends on the injuries, the treatment, the evidence on fault, and the insurance available. We will not guess at a number before we have the records.
Common injuries and why treatment records matter
Car crashes often cause neck and back injuries, concussions, broken bones, and injuries to the shoulders and knees. Some of these do not show up on an X-ray, and some get worse over the first days and weeks.
Your medical records are the main proof of your injury. Tell every provider how the crash happened and every place that hurts. Follow the treatment plan, keep your appointments, and tell your doctor if something is not getting better. Gaps in treatment are one of the first things an insurance company points to when it argues that an injury is minor or came from something else.
Evidence we look for
We investigate rather than process, and we don’t accept the police report as fact. A crash report is one officer’s summary, often written after a short time at the scene. It can be wrong about who did what.
Depending on the case, we look for:
- Video from nearby businesses, homes, and traffic cameras, which is often recorded over quickly
- Vehicle data and damage patterns
- Witness statements taken while memories are fresh
- Medical records that link the injury to the crash
- Officer body camera and dash camera recordings
Under G.S. 132-1.4A, police body and dash camera recordings are not public records. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it. Getting a copy generally requires a superior court order.
Fees and next steps
We explain our fee in writing before you hire us. We prepare every case as though it is going to trial, and we tell clients the hard truth about their claims.
Call (336) 281-2008 or request a consultation online. Bring your crash report number, your insurance card, photos, and any medical paperwork. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Do I need to call the police after a car accident in NC?
North Carolina law requires the driver in a reportable crash to notify law enforcement right away: the city or town police inside city limits, or the Highway Patrol or sheriff outside them. A police report also records who was there and what was said. The report is still one officer's view, and it can be mistaken.
Can I recover anything if I was partly at fault?
Under North Carolina's contributory negligence rule, being even slightly at fault can bar recovery from the other driver. There are narrow exceptions. Whether one applies depends on the evidence in your case.
What if the driver who hit me has no insurance?
Your own uninsured motorist coverage may apply, and it can apply in some hit-and-run crashes. Check your policy and report the crash to your insurer as your policy requires.
Should I give the other driver's insurer a recorded statement?
You do not have to give the other side's insurer a recorded statement before you get legal advice. Their questions are often aimed at fault. Under contributory negligence, a careless answer can hurt your claim.
How long do I have to bring a car accident claim?
North Carolina sets a filing deadline by statute, and some claims have other deadlines or notice steps. A missed deadline can end a claim, so talk with a lawyer early.