North Carolina Car Accident Laws 2025 Explained

If you’re a victim of an auto collision, it’s important to know your rights so you can receive proper compensation for damages and medical bills. Understanding North Carolina car accident laws can help you navigate the legal process with less stress and set you on track to recovery. By working with a qualified car accident attorney, you can get comprehensive answers to your questions and ensure you receive the most favorable outcome in your case.

What to Do After a Car Accident

In the aftermath of an accident, it’s hard to focus on all you need to do. That’s why it’s a good idea to be prepared beforehand.

Depending on the severity of your accident, begin by turning on your hazard lights and driving to the side of the road to avoid oncoming traffic. All drivers are legally required to stop their vehicles at the accident scene. Leaving the scene could incur a “hit and run” charge, which results in a hefty fine, jail time, or having your license suspended.

When you are in a safe location, call the police to report the accident, especially if there are injuries or significant property damage. A police report provides you with official evidence when you file your claim. Law enforcement will gather vital information, including witness testimony from those who saw the accident take place. Taking pictures of the accident scene can also provide you with the necessary evidence, especially when determining fault.

Be sure to exchange insurance and contact information with the other parties involved. Never admit fault at the scene of the accident. A confession of fault can make you legally responsible for paying for all damages in the state of North Carolina, even if all factors have not yet been investigated.

How Fault Works in NC

North Carolina is an at-fault state, meaning the driver found to be responsible for the accident is legally obligated to cover the damages to the victim. However, because of the state’s pure contributory negligence rule, a driver must be entirely at fault to be held responsible. This is one of the strictest negligence rules in the nation and can have significant impact on how claims are handled.

Who Determines Fault?

Insurance companies will generally assign a percentage of faults to each party based on their findings, applicable state laws, and police reports. If a dispute arises or if damages exceed the limits of a policy, a civil court may ultimately determine fault in the case.

When reviewing the accident, investigators will consult several sources, including:

• Police reports
• Witness statements
• Physical evidence
• Photos or videos
• Driver testimony

Several factors could influence how fault is determined. This includes:

• Driver behavior
• Traffic laws
• Road conditions at the scene of the accident
• Weather conditions at the time of the accident

After reviewing the accident and considering all factors, each party will be assigned a percentage of fault for the accident. This determination will directly impact what compensation each party is able to recover in damages.

Statute of Limitations

The legal timeframe for filing a claim after an accident is referred to as the statute of limitations. This length of time varies by state. In North Carolina, those involved in a collision have three years from the date of the accident’s occurrence to take legal action. If the injury sustained from the collision does not surface until later, the three-year timeframe moves from the date in which discovery of the injury could have been reasonably known.

Failing to file within this window could result in losing the opportunity to pursue full compensation for your injury or the damages sustained.

FAQs

What Is the Law for Car Accidents in North Carolina?

North Carolina mandates that all drivers must carry liability insurance from a company licensed by the state. Drivers involved in a collision are required to stop their vehicle and check for injuries, providing assistance if able. Next, you must call the police, especially in cases of death, injury, or significant property damage. Drivers should exchange insurance and contact information, including names, phone numbers, insurance details, driver’s license numbers, plate numbers, and vehicle registration numbers.

How Is Fault Determined in a Car Accident in North Carolina?

In North Carolina, insurance companies determine fault in a car accident by assessing evidence such as police reports, witness statements, physical evidence, photos or videos, and driver testimony. Investigators consider factors like driver behavior, traffic laws, road conditions, and weather. Insurance companies assign a percentage of fault based on these findings and state laws. If disputes arise or damages exceed policy limits, fault may be decided in civil court. North Carolina’s contributory negligence rule bars recovery if a driver is even partially at fault.

Is North Carolina a No-Fault Car Accident State?

No, North Carolina is an at-fault state. This means that the driver responsible for the accident must pay restitution to the victim. However, North Carolina car accident laws surrounding contributory negligence deem that a driver must be fully at fault to assume responsibility for compensating the victim. If both parties played a role in the accident, their individual insurance companies would cover their own costs for damage and medical bills.

What Is a Non-Reportable Accident in North Carolina?

A non-reportable accident is a minor collision in which no one is injured and the cars have sustained minimal damage (less than $1,000 worth). Rather than an official police report, law enforcement may simply require that you exchange contact and insurance information when documenting the accident. It is not necessary to contact authorities for a non-reportable collision, but you may want the official documentation if an injury manifests later on as a result of the accident.

Should I Get a Lawyer After a Car Accident in North Carolina?

You might consider seeking legal representation after a car accident in North Carolina if you sustained an injury or experienced considerable damage to your vehicle. A knowledgeable attorney can walk you through the process of negotiating with insurance companies, navigating North Carolina car accident law, and determining if further legal proceedings are necessary to get you the compensation you deserve.

Talk With a North Carolina Car Accident Attorney Today

To understand how North Carolina car accident law works and ensure you begin the process of filing a claim correctly, contact our team today. The attorneys at Elam & Rousseaux, PLLC, understand how to negotiate with insurance companies and establish the fault of the other driver to ensure your damages are covered.