Is North Carolina a No-Fault State for Automobile Accidents? 2024

Is North Carolina a No-Fault State for Automobile Accidents? 2024

May 08, 2023 | Car Accidents

Every state in the country has different rules for resolving automobile accidents. In this state, the fault rule applies, so it is vital for you to prove exactly how your recent accident happened if you want to recover compensation for your damages. Navigating the aftermath of a car accident and proving fault for your damages will be much easier when you have an experienced auto accident attorney in Hickory, NC, representing you.

How to Prove Fault for Your Accident

Recovery from an automobile accident typically starts with an insurance claim against the at-fault driver. If this is not enough to fully compensate you for your damages, you can proceed with filing a personal injury claim against them. However, for both of these recovery efforts, you will need to prove fault before you can recover any compensation. Proving fault is likely to require a combination of different types of evidence that your attorney can help you obtain.

It is important to remember that the state enforces the contributory negligence rule, so if you bear any partial liability for your recent accident, you will be unable to claim compensation from the defendant. It is common for at-fault drivers to attempt to assert contributory negligence to avoid paying for the damages they caused, claiming the other driver contributed to causing the accident. However, if you know you are not at fault in any way, it’s vital to connect with an experienced attorney as soon as possible. They can help prove the truth of the matter and hold the at-fault driver appropriately accountable for the damages they caused.

Car Insurance

Every driver in North Carolina is required to have personal auto insurance. This insurance pays for damages the policyholder causes another driver in an accident. At a minimum, a personal auto insurance policy in the state must include at least $30,000 for bodily injuries to a single person, at least $60,000 for all injuries to multiple persons in a single accident, and at least $25,000 to cover property damage like vehicle repair costs.

Having an attorney’s help with your insurance claim can speed up the process, and you will be ready to address any disputes that may arise with your claim. Unfortunately, insurance companies tend to look for any justifications they can find to deny a claim or offer the lowest possible settlement. Your attorney can ensure the at-fault driver’s insurance carrier processes your claim in good faith and delivers a reasonable settlement offer.

Why You Need an Attorney

Your attorney can assist you in gathering the evidence needed to prove liability for your accident. A few of the most common causes of accidents that generate civil suits include speeding, distracted driving, reckless driving, and moving violations. It is also possible for driving under the influence (DUI) and other illegal misconduct to cause accidents. If this applies to your case, the at-fault driver faces criminal prosecution along with their liability for your damages.

An insurance company will be more likely to process your claim efficiently and in good faith when they notice that you have legal counsel advising you. Once you recover as much compensation as you can through your insurance claim, you will be ready to proceed with a personal injury suit against the at-fault driver with your attorney’s assistance. A good attorney can seek to settle your claim quickly if possible, but they can be ready to represent you in court if necessary.

The attorneys at Law Office of Lyndon R. Helton, PLLC, routinely represent car accident victims in their recovery efforts. Whether you believe you can fully recover with just an insurance claim or you are bracing for a more extensive series of legal proceedings, we can provide the comprehensive legal counsel you need in this difficult situation.


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

A: No, it upholds the fault rule. This means it will be essential to prove how your accident happened and identify who is at fault for causing it before you can recover any compensation for your damages. A car accident attorney is invaluable in this situation as they can potentially help secure evidence you may have overlooked on your own.

Q: How Do I Prove Fault for a Car Accident?

A: You may need various forms of evidence to prove liability for your recent car accident. Digital evidence like the at-fault driver’s cell phone records and vehicle computer data is often vital. Physical evidence from the scene of the crash and witness testimony from those who saw the accident happen can also be pivotal to your case. Your attorney can help determine what forms of evidence are most likely to be valuable to your case.

Q: What Happens if I’m Partially at Fault for Causing an Accident?

A: North Carolina enforces the contributory negligence rule. This means that if you share liability for your recent accident, you cannot file an auto insurance claim against the other driver, nor can you file a personal injury claim against them. Any amount of shared fault invokes the contributory negligence rule, so it is crucial to speak with a seasoned attorney as soon as possible after your accident to preserve your ability to recover your damages.

Q: How Much Compensation Can I Claim for a Car Accident?

A: If you can prove another driver is entirely at fault for your recent car accident, you have the right to hold them accountable for any and all damages they caused. You can seek compensation for vehicle repair costs, medical expenses, lost income, and your pain and suffering. Some of these damages may be claimable through auto insurance, but any remainder not covered by insurance must be sought with a personal injury claim.

A car accident has the potential to be a life-changing experience, but the right attorney can help you approach the aftermath with confidence and secure compensation for your damages. If you are ready to learn how an experienced attorney can help with your recovery from a recent accident, contact Law Office of Lyndon R. Helton, PLLC, today to schedule a consultation with our team.