Understanding North Carolina’s car accident laws is important if you believe you have an injury claim. What the law says about car accident injury cases can significantly affect your case and your financial recovery. When in doubt, contact a Wilmington car accident attorney for accurate, honest information about your specific case and legal rights. Schedule your free consultation today.
At-Fault Car Insurance Law
The two main types of car insurance systems are “at-fault” and “no-fault,” with some states that fall somewhere in the middle with hybrid laws. Like most states, North Carolina uses an at-fault or tort-based car accident law. This law allows injured crash victims to file claims against at-fault individuals in pursuit of financial compensation for their losses.
In a no-fault state, on the other hand, a driver must seek compensation from his or her own automobile insurance policy, regardless of fault. The drawback to the fault law is that a crash victim must establish fault or negligence using evidence. However, greater compensation is generally available, including pain and suffering damages.
Contributory Negligence Rule
North Carolina is one of the last states that still enforces a strict contributory negligence rule, where even a fraction or small percentage of fault for a car accident will bar a driver from recovering any compensation from the other at-fault driver.
By contrast, in a comparative negligence state, shared fault for a car accident does not bar a victim from financial recovery entirely – but it will reduce the settlement awarded by a matching percentage. In North Carolina, even 1 percent of fault will disqualify a victim from recovering any financial damages.
The Last Clear Chance Doctrine
Insurance companies in North Carolina often use the contributory negligence rule to avoid payouts. However, the state also recognizes an exception known as the Last Clear Chance Doctrine. If the other driver involved in the car accident had a clear chance or opportunity to avoid the collision but failed to take it, this could make the victim eligible for financial compensation from that party even if the victim was partially to blame.
Statute of Limitations
North Carolina General Statutes §1-52 imposes a strict three-year deadline on the right to file a car accident injury claim. With only a few rare exceptions, if a motor vehicle accident victim does not file a personal injury lawsuit within three years of the crash or of reasonable injury discovery, the courts will reject the case.
Damage Caps
While the majority of car accident cases in North Carolina are not limited by any damage caps, there is a cap or ceiling on punitive damages. If damages are awarded to punish a defendant for fraud, malice, or willful and wanton acts (with the exception of drunk driving), these punitive or exemplary damages are capped at $250,000 or three times the amount of compensatory damages, whichever is greater.
Get Help From a Car Accident Attorney to Navigate North Carolina’s Laws
These are just a few examples of the many state and local laws that may affect, impact or impede your car accident injury claim in North Carolina. For a full review of your rights and options, and to receive legal advice about a particular situation or concern, contact Shipman Wright & Moore, LLP, to request your free case consultation with our car accident attorneys in Wilmington, NC.