Who Pays for the Medical Bills After a Car Accident in North Carolina?

If you were hurt in a car accident in North Carolina, you might be wondering how to pay your medical bills and other expenses. If someone else was responsible for causing the crash, they are also responsible for compensating you for your injuries and losses. Among other things, you may be entitled to compensation for medical bills, lost wages, pain, and suffering.

At the Law Offices of John Drew Warlick, our attorneys have decades of experience helping injury victims across North Carolina secure the compensation they deserve. Our legal team is ready to help you too.

Read on to learn more about insurance liability in North Carolina auto accidents and the path toward compensation. If you need assistance handling the aftermath of an auto accident, we are a phone call away. Call today for a free consultation.

What Are Some North Carolina Auto Accident Statistics?

We do not generally think of auto accidents until they happen in our own lives. That said, they are quite common. According to the North Carolina Division of Motor Vehicles (DMV), there were over 276,000 reported traffic accidents statewide in 2021. These resulted in 114, 772 injuries and 1,783deaths.

The vast majority of these crashes (70.3 percent) occurred between 7:00 a.m. and 6:59 p.m. Further, though only 7.4 percent of these accidents involved a speeding driver, speeding accidents resulted in over one-quarter (25.1 percent) of all reported fatalities. Another 17.9 percent involved a distracted driver and accounted for 9.5 percent of fatalities. Finally, though only 4.6 percent of the reported crashes involved alcohol, those that did account for 24.8 percent of all fatalities.

What Are The Auto Insurance Laws in North Carolina?

In North Carolina, at-fault drivers in an auto accident are also responsible for compensating anyone who suffered an injury or loss in the crash. Among other things, they may owe compensation for medical bills, lost wages, lost property, pain, and suffering.

However, because few people have the assets to cover the expenses of a serious accident directly out of pocket, North Carolina requires that all drivers purchase car insurance. When an insured driver causes an accident, their insurer covers their liability up to the limits in the governing insurance policy. Drivers in North Carolina must maintain insurance coverage subject to the following minimums:

• $30,000 in bodily injury coverage for one person in an accident
• $60,000 in bodily injury coverage in accidents involving two or more people
• $25,000 in property damage coverage

How Do You Pay Your Medical Bills When the Other Driver Was At Fault?

If the other driver involved in the accident is at fault, you can file an insurance claim against them to seek compensation for your injuries. If you can prove that the other driver’s negligence caused your injuries, your attorney can negotiate with the at-fault party’s car insurance company to reach a reasonable settlement. Again, they can demand compensation for your medical care bills, lost wages, property damage, pain, suffering, and more.

Often, the at-fault party’s insurer may refuse to admit responsibility for a crash or fail to negotiate in good faith. In these cases, you may need to file a lawsuit taking the at-fault driver to court to recover the compensation you deserve. When it comes to this point, it is essential that you have an experienced personal injury attorney in your corner.

What If the Other Driver Does Not Have Insurance?

Of course, though all drivers are legally required to carry auto insurance, not all drivers follow the law. If your medical care bills exceed the limits of the at-fault driver’s car insurance policy or they simply do not have auto insurance, you can seek compensation through a few other routes.

First, you can file a lawsuit directly against the at-fault driver. In most cases, however, an uninsured or underinsured driver will not have the assets to cover your injuries and losses.

Second, you can file a claim under your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) insurance policy. All North Carolina drivers are required to carry UM/UIM insurance. If the other driver’s insurance covers only a portion of your losses, your UIM insurance will kick in to cover the remainder. If they are not insured at all, your UM insurance will cover your losses up to its policy limits.

What If You Contributed to the Accident?

Unfortunately, North Carolina is one of the few states that use “pure contributory negligence” when multiple parties are involved in a car crash. According to this harsh rule, victims injured in a car accident cannot recover for their injuries even if they were minimally negligent.

For example, imagine that a drunk driver runs a red light as you approach an intersection. Your green light gave you the right of way. However, because you glanced at your phone in the midst of traffic, you did not see the oncoming driver. You suffer severe injuries in the resulting crash. If the drunk driver can prove that you contributed even slightly to the accident by checking your phone, your “contributory negligence” would bar you from receiving compensation.

Depending on the auto insurance you carry, you might still recover compensation by filing a claim with your own insurer. However, to secure compensation from the other driver, it is important to have an experienced personal injury attorney in your corner to prove that you did not contribute to the accident. The Law Offices of John Drew Warlick are ready to evaluate your case and fight for you.

What is the Statute of Limitations for Filing a Car Accident Claim in North Carolina?

Three years is the time limit, or statute of limitations, you have to file a car accident claim in North Carolina. If you do not file your lawsuit within that three-year time frame, you will be forfeiting your chance to have your case heard in court. Three years may seem like a long time, but to properly preparing for your lawsuit requires extensive research of the accident, interviewing witnesses, and more. It is important to being the process as soon after the accident as possible so the fact and evidence are still fresh. So, do not delay.

Contact a North Carolina Car Accident Lawyer Today

Auto accidents happen every day. When they do, the results range from inconvenient to life-changing. In all cases, you should have your accident evaluated by a personal injury attorney who can make sure you know your full rights and options.

The car accident attorneys at the Law Offices of John Drew Warlick are a phone call away. Our legal team will evaluate your case, negotiate with insurers, and fight for your right to compensation in court. Call us today for a free consultation with an experienced North Carolina personal injury attorney.

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