FAQs on North Carolina Car Accident Laws 

• July 27, 2024
• Asheville Auto Accidents

After a car accident, learning the injury settlement process and North Carolina’s specific car accident laws will prepare you for the road ahead and empower you with the resources needed to secure fair compensation. You likely have many questions about your car accident settlement options and how the law interprets accident claims and settlements in North Carolina. To help guide you as you navigate the settlement process, this post will answer several common questions relating to North Carolina car accident laws.

Which Damages are Covered in a Car Accident Claim?

The at-fault party is responsible for covering the following compensatory damages associated with your car accident claim:

• The cost of your medical treatment
• The cost of repairing your vehicle
• Your mental and physical pain and suffering 
• Lost income resulting from your car accident

How Does “Fault” Work in North Carolina Car Accident Cases?

North Carolina is a traditional fault-based state in which the driver found at fault for the accident is held responsible for all injuries and property damage that result. However, North Carolina is among the few states under the “Contributory Negligence” ruling. If you share any fault for a car accident in North Carolina, the law prevents you from recovering any compensation. This latest guide to “fault” in North Carolina car accident injury claims explains the process of determining fault. 

When Does a Car Accident Have to be Reported to the Police?

North Carolina law General Statutes section 20-166.1 requires you to report accidents to the police if:

• Anyone suffered an injury in the crash
• The collision caused more than $1000 in property damage

You must stop at the scene of an accident and exchange insurance information with the other parties involved. Generally, it’s beneficial to contact the police after any accident, as the police can then interview witnesses and complete a police report, which may become crucial evidence in any forthcoming injury case.

How Much Is My Car Accident Claim Worth?

This is one of the most common questions car accident lawyers receive. While the circumstances of each car accident are unique, the following elements will determine how much your car accident claim is worth:

• The extent of your injuries
• The long-term effects of your injuries on your day-to-day life
• The amount of income lost
• Your age

Lakota Denton’s last video on car accident claims highlights case value, specifically in Asheville, NC. 

What is the Law Regarding Auto Insurance Coverage in North Carolina?

All North Carolina drivers must have a valid auto insurance policy. The policy coverage must include:

• At least $30,000 for bodily injury coverage per person
• At least $60,000 total coverage for all victims injured in a car accident
• At least $25,000 in property liability damage coverage to cover car repair costs and related expenses

Does North Carolina Law Allow Victims to Sue Other Parties After an Auto Accident Claim?

Yes, you may have a claim against other liable parties and the at-fault driver. Other parties who can be held responsible for your car accident injuries may include:

• • Car manufacturers for defects that cause accidents
  • Repair shops that perform faulty repairs
  • The other driver’s employer in accidents involving a work vehicle

Third-party cases require a comprehensive knowledge of North Carolina’s personal injury laws and an analysis of each party’s actions relating to the case. Discuss your potential case with Asheville car accident attorney Lakota Denton to identify how each party may be held responsible for your accident injuries.

What is the Statute of Limitations for Filing a Car Accident Claim in NC?

Under the state’s General Statutes section 1-52, North Carolina has a 3-year statute of limitations for filing personal injury claims. However, filing with a qualified car accident attorney as soon as possible can ensure timely evidence collection and continual coverage of your medical care costs throughout your recovery.

How Often Do North Carolina Car Accident Cases Go to Trial?

While it’s rare for a car accident case to go to trial, and your case is far more likely to be settled in insurance negotiations, you should prepare for the settlement by trial verdict. Lakota Denton has many years of experience representing car accident victims in courtrooms throughout North Carolina. In this video below, he highlights the value of choosing a trial lawyer for your car accident case: Lakota Denton Trial Lawyer

Does North Carolina Allow DUI Accident Victims to Sue the Establishment that Served the Driver?

North Carolina has well-established “dram shop” liability laws that allow victims and their families to sue establishments that negligently serve intoxicated patrons who go on to cause accidents. These cases are incredibly complex, blending premises liability and injury law.  Winning a case against an establishment will require a careful discovery process and close communications with the insurance companies. Accident lawyer Lakota Denton travels the country discussing dram shop laws, and he can help answer any questions you have about a potential DUI accident case.

Do I Need to Hire a Car Accident Lawyer for My Accident Claim?

You do not need to hire a car accident lawyer to cover your claim. You can try to settle the case alone in discussions with the insurance company. However, you may risk significant harm to the value of your case. Car accident lawyers like Lakota Denton work with Asheville’s leading medical providers to help establish the total impact of your injuries on your day-to-day life. They can directly link your accident claim with the other drivers’ actions, improving your chances of a higher settlement.  Accident attorneys also help streamline all the documentation requirements for your accident claim. They guide you in completing all paperwork in a quicker time frame for a faster case resolution. You’ll also benefit from forthright advocacy with a car accident lawyer as they represent you in all communications with the insurance companies, responding to adjusters who will attempt to reduce your compensation.

Lakota Denton is Asheville, North Carolina’s #1 Car Accident Lawyer

With these answers to your legal questions, you can make more effective decisions regarding your potential car accident case. If you have further questions about how North Carolina car accident law relates to your case, contact Asheville car accident lawyer Lakota Denton and book your free, no-obligation case review today.