No, North Carolina is not a no-fault state when it comes to determining who pays for a car accident. It is a fault state, where individuals involved in Wilmington vehicle collisions have the right to hold someone else accountable for causing the crash.
It’s important to know how North Carolina’s fault law works so that you can seek justice and fair financial compensation for your automobile accident. Schedule a free consultation today.
What Is North Carolina’s Fault Law?
There are fault, no-fault and hybrid states when it comes to automobile insurance and who is held liable, or financially responsible, for paying for a car accident. The majority of states, including North Carolina, use a “fault-based” or “tort-based” law, where the party at fault for causing the car accident is responsible for paying for the victim’s losses.
Under the state’s insurance laws, all drivers must carry the following types of liability coverage as of July 2025:
- $50,000 per person in bodily injury coverage
- $100,000 per accident in bodily injury coverage
- $50,000 per accident in property damage liability coverage
Liability coverage pays for the losses of others after an at-fault car accident. In North Carolina, you can file a claim with an at-fault driver’s insurer to access this coverage for your medical bills, lost wages, property repairs, pain and suffering, and more. However, you will have to prove fault to qualify.
How to Prove a Car Accident Claim in North Carolina
If you file an insurance claim or personal injury lawsuit against someone else after a car crash in North Carolina, you will bear the burden of proof. This means you will have the responsibility to prove that what you are claiming is more likely to be true than not true. This standard of proof is known as a “preponderance of the evidence,” and it applies to all personal injury claims.
Proving a car accident case requires compelling evidence. You can start building a case against another driver at the scene of the crash by taking photographs and searching for traffic or surveillance video footage. You should also gather information from eyewitnesses.
One of the most important things to do is report your car crash to the police. The police report will contain key facts about the accident, including official crash scene diagrams and any traffic citations that were given to either driver. A car insurance company can use this report to investigate and process your claim.
Contributory Negligence Laws in North Carolina
North Carolina uses a contributory negligence law, which is strictly against victims who contribute to their own accidents and injuries. Under this law, if a claimant is found to be even 1 percent at fault, he or she loses the right to recover financial compensation from another party. In a comparative negligence state, on the other hand, a victim can still recover compensation in an amount that is reduced by his or her degree of fault.
When to Contact a Car Accident Attorney in Wilmington, NC
Navigating North Carolina’s fault and negligence laws after an automobile accident can be difficult, especially if you are dealing with severe injuries or you have multiple at-fault parties involved. Luckily, you have the right to hire an attorney to represent your rights and best interests during the claims process.
An experienced Wilmington car accident lawyer at Shipman Wright & Moore LLP can help you prove fault against another driver and negotiate with insurance providers for maximum compensation. Meanwhile, you can focus on your physical and emotional recovery.