North Carolina Car Accident Law, Lawyers and Attorneys
UPDATED: February 18, 2020
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Car accidents are a fact of life, particularly in a state with a large population like North Carolina. In 2008, there were approximately 215,000 traffic accidents reported in North Carolina. If you are among the many who have been in a car accident, and you are looking for help on what to do next, you’ve come to the right place. Of course, if the accident has just occurred, and you or someone is injured, the first thing to do is to call 911 immediately. The information available on FreeAdvice.com deals with the assessment of your rights and responsibilities after an accident, but will be useful only after you have taken care of your immediate health needs. Our car accident articles cover issues ranging from claims and fault data, to liability issues and the context behind structured settlements. You’ll also find rules, laws and other information specific to the state of North Carolina, as well as links to North Carolina personal injury attorneys who can evaluate the strength of your claim and provide advice on your best course of action.
North Carolina Car Accident Articles:
How an Auto Accident Insurance Claim Works
What is Your Car Accident Injury Claim Worth
Who is at Fault?
Car Insurance and Auto Accidents: Are You Covered?
What You Can Expect to Recover for Property Damage in Auto Accident Cases
Auto Accidents: Options if You’re at an Impasse with the Insurance Adjuster
Car Accidents Involving Government-Owned Vehicles and Government Workers
Do I Need to Contact an Attorney After a Car Accident
North Carolina Car Accident Lawyers:
Find an experienced North Carolina Car Accident Attorney at AttorneyPages.com
Special Rules for North Carolina Car Accidents:
North Carolina Fault: Pure Contributory Negligence
North Carolina Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. The minimum level required by law is:
$30,000 per person for bodily injury AND $30,000 for uninsured motorist coverage per person for bodily injury
$60,000 per accident for bodily injury AND $60,000 for uninsured motorist coverage per accident for bodily injury
$25,000 per accident for property AND $25,000 for uninsured motorist property damage
Proof of this liability insurance must be kept available in the vehicle at all times, including when registering a vehicle, renewing license plates, or anytime a police officer or the Department of Revenue asks you to show proof of insurance.
North Carolina Small Claims Limits: $5,000
North Carolina Personal Injury Statute of Limitations: 3 years; 2 years in wrongful death
North Carolina Auto Accidents Involving Government Vehicles: In most cases, government entities receive protection from private lawsuits under a legal doctrine known as “government immunity” or “sovereign immunity.” This doctrine doesn’t necessarily provide complete protection though; sometimes it just imposes extra notice requirements on the plaintiff. For more information on this type of government protection, follow this link to the FreeAdvice.com article on vehicle accident claims against government entities. Keep in mind that, depending on which government entity, there are frequently special requirements for how long you have to notify them of your claim. See below for details specific to North Carolina:ï¿½
Requirements for Filing Against Government Entities:
1) For filing against the Federal Government: Use Standard Form 95 and follow the instructions on the back page. The form must be completed and submitted to the appropriate agency within two years after the incident giving rise to the claim.
2) For filing against the State of North Carolina: For accidents involving North Carolina state employees, visit the website for the North Carolina Department of Transportation and fill out the claims form. Also note the list of contacts by county on the right side of the page.
3) For filing against a North Carolina county or municipality: The requirements vary with the entity, so you’ll have to contact the specific county or agencies involved. See North Carolina Personal Injury Venue below for more information on where and how to file a claim.
In dealing with accidents involving government entities and workers, be aware that there are always special notices to be filed against the appropriate government unit responsible, whether in risk management, attorney general’s offices, or local agencies, and the time periods are limited in all cases (as little as 30-180 days). The rules can be confusing, so carefully check the forms linked above before you fill them out, and/or call the Department of Transportation directly before filing your claim. Accident claims involving the government can be complicated. Any mistakes in filing or failing to file on time could result in losing your ability to recover for your damages and injuries. Consult an experienced attorney right away to preserve your rights. Also seeCar Accidents Involving Government-Owned Vehicles and Government Workers.
North Carolina Personal Injury Venue (Where to File Your Lawsuit): In the municipal or justice court located where the defendant (the person you are suing) lives or does business. Alternatively, you might consider filing in a court located where the accident occurred. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each agency, or contact a North Carolina auto accident attorney.