What to Do After a Car Accident Not Your Fault In North Carolina? (2024)

What to Do After a Car Accident Not Your Fault In North Carolina? (2024)

Jan 16, 2023 | Car Accidents

Car accidents happen for many different reasons. If you are in a collision, it is important for you to know and take the proper steps after the accident to protect yourself and your family. Although you may not realize it, a few simple steps can help you get the support and compensation that you deserve.

When a collision is not your fault, it is especially important to follow certain protocols. You do not want to be blamed for the situation or end up in a legal battle with the other driver’s insurance. Rather, you should be able to get the settlement that you deserve quickly and easily.

After a Collision

In the moments after a collision, drivers often feel disoriented, confused, and upset. Adrenaline usually takes over, making it hard to think clearly. Having a plan can help you take the necessary steps to build your case if this situation ever happens to you.

If you get into a car accident, follow these steps:

  • Do not apologize or make any comments that insinuate that your actions contributed to the accident.
  • Exchange license and insurance information with the other driver or drivers involved.
  • Take photos and videos of the accident scene; the more details you capture, the better.
  • Take photos of any visible injuries on yourself and anyone else involved, with their permission.
  • Get the name and contact information of any eyewitnesses.
  • Call your attorney right away.

These steps can help you preserve evidence for your insurance or legal claim. Without key evidence, it may be difficult to prove that the collision was not your fault.

Please note that if you are injured and cannot feel parts of your body, are slipping in and out of consciousness, or are bleeding profusely, your top priority should be seeking medical care.

Car Accidents and Personal Injury Cases

When a car accident is not your fault, you may be able to seek compensation from the driver who was responsible. This can be done through a personal injury claim.

Personal injury claims work only if an individual was acting negligently when they caused an accident or injury. In the case of your car accident, you and your attorney will have to prove that the other driver was neglecting their driving responsibilities when they caused the collision.

Common types of negligence in car accidents include:

  • Driving under the influence of alcohol or drugs
  • Texting or using the phone
  • Turning to engage with passengers, children, or objects in the car
  • Failing to follow all road signs and signals
  • Failing to use turn signals
  • Speeding

These are just a few examples. Any time a driver does not follow all the rules of the road, they are behaving negligently. You and your attorney must amass proof of this to win your claim. Potential types of evidence include:

  • Video or CCTV footage of the accident
  • Photos and videos of the damage, injuries, etc.
  • Eyewitness accounts
  • Medical records
  • Phone records
  • Police reports

Your attorney will help you determine which types of evidence are most relevant to your claim.

Car Accidents and Insurance

Although it is easy to believe that insurance companies exist to help their customers, the reality is unfortunately very different. Insurance companies’ top priority is their financial health and profits. They will go to extreme lengths to prove that you do not have a case or that they do not have to pay.

Because of this, it is important to refrain from talking to insurance companies without an attorney present if you have been injured. We can help you navigate this situation so that you do not inadvertently give up your rights. Insurance companies have loaded questions that often lead customers to admit fault or relinquish their case. If you want to receive a settlement, you must have an attorney with you during these conversations.


Q: How Long Do You Have to File a Claim After an Accident in North Carolina?

A: The statute of limitations for filing an accident claim is three years. However, it is always better to act sooner if you know that you are injured. The longer you wait, the more evidence will be lost. The acceptable period is only this long to accommodate injuries that take longer to appear. The more time that passes, however, the more difficult it will be to prove fault.

Q: What Should You Do After a Car Accident That Was Not Your Fault?

A: Remain calm and seek medical care if you are hurt. Do not apologize or say anything that may be interpreted as guilt. Take photos and videos of the accident scene to use as evidence in your case. Exchange information with other people involved as well as eyewitnesses that are nearby. Call your attorney right away to begin building your claim.

Q: Do I Have to Tell My Car Insurance About an Accident That Wasn’t My Fault?

A: Yes, you should tell your insurance company about any accidents that you get into. However, it is best to tell them with the help of an attorney. It is important to give them the correct information without admitting fault, which is more difficult than it sounds. With the help of an attorney, you can alert your insurance company to the accident and remain as blameless as possible.

Q: Is North Carolina a Fault State for Accidents?

A: Yes. This means that the insurance of the at-fault driver should be responsible for all damages. However, this can be inconvenient if the insurance companies do not agree on who is at fault. In a fault state like North Carolina, having an attorney on your side is the best way to navigate a car accident.

Contact Helton, Cody & Associates, PLLC

Having the right car accident attorney is key to winning your car accident claim. Our team provides unparalleled service and is here to help you get what is rightfully yours after a collision. For more information about our firm, our services, or how to work with us, contact Helton, Cody & Associates, PLLC, online today.