North Carolina Motor Vehicle Accident Laws

Insurance Requirements

System type

In North Carolina, all vehicles with a valid registration are required by state law to have continuous liability insurance provided by a company licensed to do business in the state. Out-of-state policies are not accepted. 

Minimum coverage

The minimum coverage requirements in North Carolina are:

• Bodily Injury (one person): $30,000
• Bodily Injury (two or more people): $60,000
• Property Damage: $25,000

Additionally, the law requires coverage for uninsured/underinsured motorists, as well as minimum bodily injury and property damage limits. 

Penalties for non-compliance

North Carolina’s liability insurance law is strictly enforced. Insurance companies are required to notify the N.C. Division of Motor Vehicles if liability insurance on a vehicle is canceled or coverage lapses for any reason. To avoid fines and fees, an individual should not cancel their insurance until they have surrendered their license plate to the N.C. Division of Motor Vehicles. 

Fault Laws

Contributory negligence in North Carolina

North Carolina follows a contributory negligence system. This means that if you’re found to be even 1% at fault in an accident, you may be barred from recovering any compensation for damages. This strict standard makes it crucial to establish clear fault in accident cases.

Multi-vehicle collisions

In accidents involving multiple drivers, fault is distributed among all parties based on evidence. However, under the contributory negligence rule, if you are found to have contributed to the accident in any way, you may be prevented from recovering damages.

Special considerations for passengers

Passengers injured in a car accident can file claims against any at-fault driver involved, whether it’s the driver of their vehicle or another party. However, if the passenger’s actions—such as not wearing a seatbelt—contributed to their injuries, their compensation may be affected under the contributory negligence rule.

Statute of Limitations

Personal injury claims

In North Carolina, injured parties have three years from the date of the accident to file a personal injury lawsuit. This includes claims for medical expenses, lost wages, and pain and suffering resulting from the crash. Failing to file within this timeframe means you lose your right to seek compensation, regardless of the severity of your injuries.

Property damage claims

For property damage claims, such as vehicle repairs or replacement, the statute of limitations is also three years from the date of the accident. This gives vehicle owners time to assess damages, obtain repair estimates, and negotiate with insurance companies before pursuing legal action if necessary.

Wrongful death claims

If a car accident results in a fatality, family members or legal representatives have two years from the date of death to file a wrongful death lawsuit. This period allows grieving families time to pursue justice and compensation for losses such as funeral costs, loss of companionship, and financial support.

Exceptions to the statute of limitations

• Discovery rule: If injuries or damages aren’t immediately apparent, the statute of limitations begins when the injury or damage is discovered or should have reasonably been discovered
• Minors: For victims under the age of 18, the statute of limitations is paused until they reach adulthood, after which the standard filing period begins
• Claims involving government entities: Claims involving government-owned vehicles or entities often have shorter deadlines and additional notice requirements. Consulting an attorney promptly is essential to comply with these specific requirements

Accident Reporting Requirements in North Carolina

Understanding when and how to report a motor vehicle accident in North Carolina is essential for complying with state laws and ensuring that all necessary legal and insurance steps are taken. Below is a detailed breakdown of accident reporting requirements, how to file a report, and how to access accident reports once they are filed.

When to report an accident

In North Carolina, the law requires drivers to report a motor vehicle accident to the appropriate law enforcement agency if any of the following conditions are met:

• Injury or death: If any person involved in the accident is injured or killed, the crash must be reported immediately. This includes minor injuries that may worsen over time
• Property damage over $1,000: If the estimated damage to any vehicle or property exceeds $1,000, the accident must be reported. Even if the damage appears minor, repairs can be costly, so it is best to report the incident
• Property damage to a seized vehicle: If the accident causes any damage to a vehicle that has been seized by law enforcement, the crash must be reported regardless of the amount of damage

Failure to report an accident meeting these criteria may result in legal penalties, including fines or potential suspension of driving privileges.

How to report an accident

Accidents must be reported immediately, using the quickest means of communication, typically by calling 911. Delays in reporting can lead to complications with law enforcement investigations and insurance claims.

• Within city limits: If the accident occurs within city limits, you must report it to the local city police department
• Outside city limits: If the accident happens outside city limits, contact the North Carolina State Highway Patrol or the county sheriff’s office

Even if law enforcement is not called to the scene, North Carolina law still requires drivers to exchange necessary information, including names, contact details, vehicle registration, and insurance information.

Filing an accident report

To file an accident report, follow these steps:

1. Notify law enforcement

• Call 911 or the non-emergency number for the appropriate law enforcement agency
• Provide details about the location of the crash and whether there are injuries

2. Provide essential information

When speaking with law enforcement officers, be prepared to provide the following details:

• Your identification (driver’s license)
• Vehicle registration and insurance details
• Names and contact information of all involved parties
• A description of the accident, including time, location, and road conditions
• Any witness statements or contact information for witnesses

3. Follow up as needed

Law enforcement will typically document the accident and provide an official report. If officers do not respond to the scene, you may need to file a Driver’s Crash Report (Form DMV-349) through the North Carolina Division of Motor Vehicles (NCDMV). This form is essential for insurance claims and legal proceedings.

How to access an accident report

Accident reports are crucial for insurance claims, legal cases, and personal records. If you need a copy of the report, follow these steps:

1. Contact the investigating agency

• If city police investigated the crash, contact the local police department
• If the county sheriff’s office handled the accident, reach out to the sheriff’s office
• If the North Carolina State Highway Patrol was involved, visit their website or local office

2. Submit a request for the report

• Many agencies allow online, in-person, or mail requests
• Some reports may require a small administrative fee, typically ranging from $5 to $10
• Online requests can often be made through platforms like the North Carolina Department of Public Safety (NCDPS) Crash Report Database

3. Provide necessary information

When requesting a report, be ready to provide:

• The date and location of the accident
• The names of the involved parties
• The report number (if available)

4. Waiting period

Most accident reports become available within 3-5 business days after the crash, though some cases may take longer depending on the complexity of the investigation.

By understanding these requirements, drivers can ensure they comply with North Carolina accident reporting laws and take the necessary steps to document and retrieve important information.

Compensation Limits

Economic damages

North Carolina does not cap economic damages, allowing victims to recover the full extent of their measurable financial losses. These damages include medical expenses, lost income, loss of earning capacity, property damage, and other out-of-pocket costs directly related to the accident.

Non-economic damages

North Carolina does not impose limits on non-economic damages either. These damages address intangible losses such as pain and suffering, loss of companionship, and reduced quality of life.

Punitive damages

Punitive damages are awarded in North Carolina to penalize defendants for egregious misconduct, such as intentional harm or gross negligence. While the state imposes no explicit cap, courts scrutinize such awards to ensure they are proportionate to the harm caused.

Claims against the state

When filing a claim against the State of North Carolina or its entities, specific procedures and limitations apply. It’s essential to consult with an attorney to navigate these complex rules effectively.

Medical Coverage Considerations

Understanding medical coverage after a car accident is vital for managing expenses and accessing timely treatment. A combination of insurance options, legal frameworks, and financial tools can help alleviate the burden of medical costs during recovery.

Liability insurance

Liability insurance covers medical expenses and damages if you’re at fault in an accident. Without insurance, you’ll be personally responsible for these costs.

However, insurers can seek reimbursement from any settlement under subrogation rules.

Government assistance programs

For those eligible, Medicaid and Medicare may cover medical expenses, serving as the “payer of last resort.” Both programs require repayment from any settlement or judgment obtained, which can complicate financial recovery.

Medical liens and letters of protection

• Medical liens: Healthcare providers can place a medical lien on your settlement or judgment to secure payment for services rendered
• Letters of protection: Attorneys can issue letters of protection, promising providers payment from any future settlement or judgment, ensuring ongoing treatment without upfront costs

Unique Local Factors Impacting Driving in North Carolina

Driving in North Carolina comes with its own set of challenges, shaped by the state’s geography, climate, and traffic patterns. From unpredictable weather conditions to seasonal tourist congestion and wildlife hazards, drivers should always stay aware of their surroundings to avoid potential accidents.

Weather and road conditions

North Carolina’s climate varies significantly from the coast to the mountains, meaning drivers need to adjust to different road conditions throughout the year.

Winter hazards in the mountains: The western part of the state, particularly in the Appalachian region, sees snow and ice in the winter, making roads slick and dangerous. Mountain passes and steep inclines can become especially treacherous, leading to an increased risk of skidding or losing control. Black ice, which is nearly invisible, is a common cause of accidents in cold weather. Drivers traveling through areas like Boone or Asheville during the winter months should be prepared with all-weather or snow tires, slow down on curves, and keep an emergency kit in case of road closures.

Hurricane season and coastal flooding: North Carolina’s coastal areas, including the Outer Banks and Wilmington, are highly vulnerable to hurricanes and tropical storms, which bring heavy rainfall, flash floods, and strong winds. Flooded roads can become impassable, and standing water can hide dangerous obstacles or cause hydroplaning. In low-lying areas, roads may be closed or require detours during severe storms. If you’re driving during hurricane season (June to November), avoid driving through floodwaters, watch for emergency weather alerts, and plan alternative routes in case of sudden road closures.

Tourist traffic and seasonal congestion: The state’s natural beauty and attractions bring millions of tourists every year. Whether it’s visitors heading to the Great Smoky Mountains for fall foliage, beachgoers flocking to the Outer Banks in summer, or race fans attending events at Charlotte Motor Speedway, heavy traffic and higher accident risks are common in peak seasons. Narrow, winding roads in the mountains and busy highways near beaches can become especially hazardous with out-of-town drivers who may not be familiar with local roads. During holidays and peak travel weekends, expect longer delays and increased frustration among drivers, leading to more aggressive driving and accidents.

Traffic hazards and wildlife

North Carolina’s roadways are also impacted by local wildlife and urban congestion, both of which create unique challenges for drivers.

Deer crossings and rural road risks: If you’ve ever driven through North Carolina’s countryside, you’ve likely seen deer darting across the road—sometimes too late to react. Deer-related accidents are a frequent occurrence in rural areas, particularly in the fall during mating season (October to December). These accidents are not only common but can cause significant vehicle damage and injuries. Drivers should stay extra cautious on wooded roads at dusk and dawn, when deer are most active. Using high beams in low-traffic areas can help spot deer early, but if one suddenly crosses your path, braking is safer than swerving, as swerving can lead to losing control of the vehicle or hitting another car.

Urban congestion and traffic hotspots: North Carolina’s biggest cities, Charlotte, Raleigh, and Durham, are known for their heavy traffic, especially during rush hour. Commuters frequently experience congestion on major highways like I-40, I-85, and I-77, leading to increased stop-and-go driving, rear-end collisions, and road rage incidents. Construction zones, especially around growing metro areas, add to the problem by creating lane closures and sudden traffic shifts. If you’re driving in a city, patience is key—keeping a safe following distance and avoiding sudden lane changes can help prevent accidents.

Local Resources & Contacts

Navigating accident reports, insurance claims, and legal requirements after a car accident can be overwhelming. Fortunately, several state agencies provide essential services and guidance for drivers in North Carolina.

North Carolina Department of Motor Vehicles (NCDMV)

The NCDMV is responsible for handling accident reports, driving records, vehicle registrations, and insurance compliance. If you need a copy of an accident report, update your driver’s record, or verify your insurance status, this is the agency to contact. They also provide resources for obtaining or renewing a driver’s license and handling traffic violations.

• Website: www.ncdot.gov/dmv
• Phone: (919) 715-7000

North Carolina Insurance Department (NCID)

The NCID assists with insurance-related inquiries, ensuring that policyholders understand their rights and coverage under state laws. They help consumers resolve disputes with insurance companies and provide information on auto insurance regulations, claims, and fraud prevention. If you have concerns about how an insurer is handling your claim or need guidance on coverage requirements, their experts are available to help.

• Website: www.ncdoi.gov
• Phone: (855) 408-1212

North Carolina Highway Patrol (NCHP)

The NCHP is responsible for enforcing traffic laws, investigating accidents on state highways, and ensuring road safety. If you are involved in an accident on a highway or need assistance with a road hazard, contacting the Highway Patrol can help you get prompt support. Troopers also provide guidance on reporting unsafe driving and emergency response services.

• Website: www.ncdps.gov
• Phone: Dial HP (47) from a mobile phone for immediate assistance.