North Carolina is not a no-fault state. It follows a fault-based system for car accidents, which means the driver responsible for causing the crash is also responsible for paying damages. If you’re injured in a collision in Charlotte or elsewhere in the state, your compensation depends on proving that the other party was at fault.
Understanding North Carolina’s fault system is crucial for recovery. The state follows a strict contributory negligence rule that can completely bar compensation.
What Is the Difference Between Fault and No-Fault?
In a no-fault state, drivers turn to their own insurance companies for compensation after an accident, regardless of who caused the crash. Personal Injury Protection (PIP) typically covers medical expenses and lost wages.
In contrast, a fault-based system like North Carolina’s requires the injured party to prove that the other driver was negligent. The at-fault driver’s liability insurance then pays for:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
This process often leads to more investigation, negotiation, and sometimes litigation.
North Carolina’s Pure Contributory Negligence Rule
North Carolina is one of the few states that follows a pure contributory negligence doctrine. Under this rule, if you are found to be even 1% at fault for the accident, you are completely barred from recovering compensation.
For example, if a jury finds that you were partially responsible because you were going a few miles per hour over the speed limit when another driver ran a red light, you may be barred from compensation.
This harsh rule makes North Carolina particularly challenging for accident victims. Insurance companies often try to assign partial blame to avoid paying out claims, so it’s critical to have strong evidence and legal representation.
How Fault Is Determined After a Crash
Determining fault in a North Carolina car accident involves analyzing:
- Police reports and crash diagrams
- Eyewitness testimony
- Traffic and surveillance camera footage
- Vehicle damage and skid marks
- Driver statements and behavior
An insurance adjuster may conduct their own investigation, but they are not neutral. Their goal is to minimize payouts, especially in a state like North Carolina, where denying a claim outright is often easier than negotiating a settlement.
What to Do After an Accident in a Fault-Based State
Because of North Carolina’s strict rules, it’s essential to protect yourself after an accident:
- Call the police and get an official accident report.
- Take photos of the scene, vehicles, and injuries.
- Get contact information from witnesses.
- Seek medical attention immediately, even for minor symptoms.
- Avoid admitting fault or making assumptions in statements to insurers.
Early missteps can give the other party ammunition to argue you contributed to the crash, which could eliminate your right to compensation.
Can I Still File an Insurance Claim?
Yes. Even though North Carolina is not a no-fault state, you can still file claims with the following:
- The at-fault driver’s liability insurer for injury and property damage
- Your own collision coverage if the other driver is uninsured or underinsured
- Medical payments coverage (MedPay) on your own policy for medical bills, regardless of fault
MedPay is optional but often helpful for immediate medical costs.
Contact a Charlotte Car Accident Lawyer at Riddle & Riddle Injury Lawyers for Legal Help
Along with its contributory negligence doctrine, North Carolina’s status as a fault state means that accident victims must tread carefully. Even slight fault can ruin your claim. To protect your rights, contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a Charlotte car accident attorney.
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers - Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
252-397-7400
Riddle & Riddle Injury Lawyers - Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
919-459-7855
Riddle & Riddle Injury Lawyers - Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
919-759-6963
Riddle & Riddle Injury Lawyers - Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
910-910-1860
Riddle & Riddle Injury Lawyers - Kinston Office
807 N Queen St, Kinston, NC 28501
252-397-0134
Riddle & Riddle Injury Lawyers - Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
704-781-7980
Riddle & Riddle Injury Lawyers - Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
336-395-5349
Riddle & Riddle Injury Lawyers - Durham Office
100 E Parrish St STE 200, Durham, NC 27701
919-925-6039
Riddle & Riddle Injury Lawyers - Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
910-387-0861
Riddle & Riddle Injury Lawyers - Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
910-889-3926
Riddle & Riddle Injury Lawyers - Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
336-396-6310
Riddle & Riddle Injury Lawyers - Garner Office
500 Benson Rd Suite 111, Garner, NC 27529