2024 How to File a Car Accident Claim in North Carolina?

2024 How to File a Car Accident Claim in North Carolina?

Apr 17, 2024 | Car Accidents

If you have recently been in an accident and are wondering how to file a car accident claim in North Carolina, know that there are several essential steps to take before pursuing a lawsuit. How you respond directly after an accident can impact the viability and success of your claim.

How to Respond After a Car Accident

In the moments following your accident, take time to ensure you are safe and think strategically. Follow the steps below to set yourself up for success with your claim.

  • Assess for Injuries and Move to Safety: In the moments following the accident, assess yourself and any other involved parties for injury. Your safety is of primary concern. If you are in a dangerous location, ensure your car is in park and move to safety.
  • Contact Local Emergency Services: Contact emergency health services if there are any injuries, even if they are minor, as symptoms can worsen over time. Call the police, especially if there are injuries or damage, as a police report is an essential piece of evidence to support your claim.
  • Exchange Contact Information: Ensure that you exchange contact information with all involved parties. This includes names, phone numbers, license plate numbers, insurance information, and any other relevant information.
  • Document the Accident Scene: If it is possible, document the accident scene. Any recorded accounts of the accident, like photos, videos, or written descriptions, can be helpful in a claim.
  • Call Your Insurance Company to File a Claim: Call your insurance company to initiate your car accident claim. It is essential that you share the facts of the accident and do not admit fault. At times, insurance companies will pressure claimants to admit fault to lessen the amount they have to cover in damages. Many insurance policies have deadlines by which to file claims, so ensure you report the accident immediately.
  • Speak With a Local Car Accident Attorney: Speak with a trusted car accident attorney about the accident swiftly. An attorney can advise you on your options moving forward and give you insight into the fairness of the settlement your insurance adjustor is offering.

How to File a Car Accident Claim in North Carolina

When you hire an attorney, they can assist you in filing a car accident claim. They’ll collect evidence, calculate the total amount of your damages, and negotiate with the other party in hopes of a settlement. If a settlement cannot be reached, you can proceed with a personal injury claim, and your attorney will represent you in court.

Factors That Influence Car Accident Settlements in North Carolina

There are several factors that influence the amount you may receive in a car accident settlement in North Carolina. These factors vary depending on the specific circumstances of each accident and the extent of injuries and damages involved. A main factor is liability. Who is at fault for the accident is a primary question of insurance adjusters and litigators. Establishing fault is done by reviewing evidence like police reports, eyewitness testimony, and more.

The extent of injuries and damages is another major factor that influences settlement amounts, as the goal of a settlement is to cover the losses the victim suffered due to the accident. Medical expenses, lost wages, pain and suffering, emotional distress, and more will be reviewed to understand the full impact of the accident on the injured party’s life.

Insurance company policies can also impact settlement amounts. In general, higher insurance policy limits typically allow for larger settlements, whereas policy limitations can restrict the amount of compensation available. North Carolina follows a contributory negligence rule, which means that if an injured party is found to be even partially at fault for an accident, they may be barred from seeking legal avenues of pursuing compensation.

The effectiveness of representation is an essential factor that can influence settlement amounts. An experienced and trusted attorney can work to reach a favorable settlement with which their client is happy.


Q: How Long After an Accident Can You File a Claim in North Carolina?

A: After an accident, you have three years to file a personal injury claim in North Carolina. As the legal claims process can take time, it is advisable to start the process as soon as possible. To initiate a claim, contact a local North Carolina car accident attorney to learn the first steps.

Q: Do You Need a Police Report to File an Insurance Claim in North Carolina?

A: You do not need a police report to file an insurance claim in North Carolina, but it is helpful. A police report is viewed as a legitimate piece of evidence that supports your recount of the accident. It can help you prove fault and damages, which can ensure the insurance adjustor provides an adequate amount of compensation.

Q: Is North Carolina a No-Fault State for Accidents?

A: North Carolina is a fault-based state for car accidents. This allows injured parties to seek compensation for their losses through legal channels. However, the state adheres to contributory negligence principles, which means that even a small degree of fault on your part can prevent you from pursuing a legal claim against the other driver. For further clarification or assistance, it is advisable to consult with a local attorney.

Q: How Much Can Someone Sue for a Car Accident in North Carolina?

A: The amount that someone can sue for a car accident in North Carolina is dependent on their economic and non-economic losses. Economic losses include factors such as medical bills, lost wages, and any out-of-pocket expenses that the injured party suffered.

Non-economic losses refer to the intangible losses that injured parties sustain, such as pain and suffering, loss of enjoyment of life, emotional distress, and more. The goal of a settlement is to cover the total losses that injured individuals suffer.

Contact a Local North Carolina Car Accident Attorney and File a Claim Today

If you are looking to file a car accident claim, contact a car accident attorney at Law Office of Lyndon R. Helton, PLLC, today. Our office has a long legal legacy of supporting clients in Catawba, Burke, and Calwell Counties, as well as the surrounding areas, with a wide variety of personal injury claims. We are ready to meet your questions and concerns with solid legal advice and understanding. We invite you to set up a consultation today.