Car Accident Claims in North Carolina

The driver in a "reportable" crash must immediately, by the quickest means available, notify law enforcement — the city or town police inside a municipality, or otherwise the State Highway Patrol, sheriff's office or other rural police. A reportable crash is one causing death or injury, total property damage of $1,000 or more, or any damage to a vehicle seized under G.S. 20-28.3. In a reportable crash the driver must generally stay with the vehicle at the scene until an officer finishes the investigation or allows them to leave.

Law enforcement must investigate every reportable crash; the officer writes a report within 24 hours, and it is forwarded to the Division (local agencies forward it within 10 days). The Division may ask the driver for proof of financial responsibility (insurance). A driver who hits a parked or unattended vehicle must report to its owner within 48 hours; if that report is written and not handed over at the scene, it must be sent by certified mail with a copy to the Division.

A driver who knows or reasonably should know of a crash must stop immediately. If someone is injured or killed, the driver must stay with the vehicle until police finish the investigation or allow them to leave (except to call police or medical help or to avoid significant danger, then return), give their name, address, driver's license number and plate number to the person struck and occupants of other vehicles, and give reasonable help to the injured, including calling for medical assistance. Willfully leaving a crash causing serious bodily injury or death is a Class F felony (sentenced in the aggravated range if someone dies); leaving an injury crash is a Class H felony; failing to give information or aid is a Class 1 misdemeanor. In a property-damage-only crash, the driver must stop, exchange the same information, and stay if the crash is reportable; a willful violation is a Class 1 misdemeanor. For an unattended parked vehicle whose owner cannot be found, the driver must give the information to the nearest peace officer or leave a note and follow up within 48 hours.

A vehicle may not be registered unless the owner provides proof of financial responsibility, which must be maintained continuously. The required amounts are $50,000 per person and $100,000 per accident for bodily injury and $50,000 for property damage.

Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant.

Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions).

Three years for taking, detaining, converting or injuring personal property. For physical damage to property, the claim does not accrue until the damage becomes apparent or reasonably should have become apparent, with a 10-year outer limit from the defendant's last act.