Is North Carolina a Fault State?

Published October 13, 2021 by The Law Offices of John Drew Warlick, P.A.

If you have been injured in a car accident in North Carolina that was someone else’s fault, you could be entitled to compensation. Reach out to one of our car accident attorneys at The Law Offices of John Drew Warlick, P.A. today. Our team has the knowledge and resources you need to seek the compensation you deserve.

North Carolina is what is known as a “fault” state, which means that if you were injured in a car accident, the driver who caused the accident can be held liable for expenses and losses that result from it. Below, we’ll discuss the differences between no-fault and at-fault systems and detail how North Carolina’s fault system works.

What Is a No-Fault System Versus an At-Fault System?

When it comes to auto insurance laws, states typically operate on either a “no-fault” or an “at-fault” system.

In a no-fault system, drivers who have been involved in an accident typically turn to their own no-fault auto insurance policy to cover medical expenses and lost wages resulting from the accident, regardless of who was to blame for the crash. No-fault states typically require motorists to purchase personal injury protection (PIP) coverage (also called no-fault insurance) as part of their overall insurance plan.

No-fault states permit some car accident victims to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault party in some cases – typically if their medical expenses exceed a certain amount or if they sustained a “serious” injury.

In contrast, in a fault state like North Carolina, the law holds the driver who was at fault for the accident liable for any injuries incurred as a result of their negligence. Instead of filing a claim under your own insurance coverage, as you would in a no-fault state, you file a personal injury claim with the at-fault driver’s liability insurer.

Does North Carolina Have No-Fault Auto Insurance?

North Carolina does not offer the PIP auto insurance that no-fault states require. However, North Carolina does offer optional medical payments (MedPay) coverage.

Insurance claim form with ballpen to be filled up MedPay provides policyholders with a limited amount of insurance coverage (usually $2,000-$2,500) following an auto accident to cover medical expenses resulting from an accident, regardless of who is at fault.

Who Pays for Car Crash Losses in a Fault State Like North Carolina?

In a fault state like North Carolina, the driver who caused the crash is liable for damages resulting from the collision. That typically means that an injured accident victim will turn to the at-fault driver’s liability insurance to seek payment for their losses.

If you were injured in an accident that another driver caused, you could potentially recover compensation for losses, such as:

Present and future medical expenses
Lost wages
Lost future earnings
Pain and suffering

What Types of Evidence Can Show Fault for a North Carolina Car Crash?

Many types of evidence can be used to demonstrate that a driver is at fault for a crash. Evidence may include:

The police report – When law enforcement responds to the scene of an accident, they will typically write an accident report that contains pertinent information, such as the officer’s opinion about fault, contact information for witnesses, driver details, a description of the scene of the accident, a description of injuries and property damage, and more.
Photo evidence – If you are able, you should take photos of the accident scene, including details such as vehicle damage, skid marks, nearby lights, and injuries. Pictures can show essential clues about who was at fault for the crash.
Surveillance footage – Surveillance footage from nearby businesses or buildings can provide strong evidence of the other driver’s fault. Dashcams can also capture important details about the crash.
Witness testimony – If there were any bystanders nearby at the time of the accident, they may be able to provide testimony that corroborates your version of events. If witnesses can confirm the facts of the case, that could heavily sway a jury in your favor.
Expert witnesses – Statements from experts such as medical, financial, and engineering specialists can help illustrate the factors that led to the accident and your injuries and speak to the extent of your injuries.

How Can a Lawyer Help You Prove Who Was at Fault in North Carolina?

Proving negligence is sometimes difficult. If the other driver accuses you of being at fault, resolving your claim could become more challenging. That’s why it’s imperative to consult with a car accident attorney right away. A car accident lawyer will have the time and resources to gather all necessary evidence to help prove fault.

To demonstrate that the other driver was at fault, your attorney will need to show that the driver was negligent, meaning that they failed to use the care and caution that a reasonable person would use to avoid causing others harm. Your attorney will also need to show that the driver’s negligence caused the accident and your injuries and that you suffered losses as a result.

An attorney can help you prove fault by conducting a thorough investigation of the accident to gather evidence, such as witness statements, the police report, and video footage. They may also hire expert witnesses, including accident reconstruction experts, to demonstrate the events leading to an accident.

They can also work to gather evidence such as medical records, doctor statements, and financial records to demonstrate the extent of the losses you suffered as a result of the accident so that they can pursue full compensation on your behalf.

What Is Contributory Negligence and What Does It Mean for NC Car Crash Claims?

North Carolina has a strict system in place called contributory negligence laws. Under this law, when someone has any degree of fault for an accident, they are barred from seeking any compensation for the accident that injured them. So, if a driver is 99 percent at fault for the accident that hurt you, and you are found to be 1 percent at fault, you would not be able to recover any money to cover your expenses and losses.

North Carolina’s contributory negligence law is one of the most stringent in the nation. It makes it that much more important to have an experienced attorney on your side who can protect your rights.

Get Help from Our North Carolina Car Accident Lawyers

If you were injured in an accident due to another driver’s carelessness in North Carolina, our lawyers want to help you pursue the fair compensation you are due. Contact the car accident attorneys at The Law Offices of John Drew Warlick, P.A. today for a free case review.