Jacksonville, NC Car Accidents FAQs

Taking action after a crash can protect your safety, your legal rights, and your options. Here are some key steps to follow if you’re involved in a car accident:

• Make Sure You’re Safe: Check yourself and others for injuries. Turn on hazard lights to warn other drivers. Protect yourself from secondary wrecks.
• Call 911 and report the accident: Notify the police and request medical assistance if anyone is hurt. North Carolina law requires reporting accidents that involve injuries or significant property damage. Having an official police report will be important for any insurance claim.
• Exchange information: Obtain the other driver’s name, contact information, driver’s license number, and insurance details (including the company and policy number). Provide your information to them as well. If there were passengers or multiple vehicles, get those details for all involved parties.
• Gather evidence and witness info: If there are witnesses, ask for their names and phone numbers in case their testimony is needed later. Use your phone to take photos of the scene (video is even better), vehicle damage, skid marks, and any visible injuries. This evidence can help piece together what happened.
• Do not admit fault or “just forget about it”: Even if the other driver suggests handling it informally, do not agree to forget the accident or handle it amongst yourselves. Get an accident report. It could make the difference between a successful claim for damages and recovering nothing for your losses and damages. Hidden vehicle damage or injuries may show up later. Stick to the facts when talking to the police; avoid apologizing or admitting blame, as those statements could be used against you.
• Consult a Jacksonville Lawyer: While you may not need legal counsel, it doesn’t hurt to talk to an attorney to get information. At the Dodge Jones Injury Law firm, we don’t charge anything for a consultation involving a wreck. Our office in Jacksonville NC is located at: 200 Valencia Drive #157 in Jacksonville. 877-622-6671

Under North Carolina law, you should report certain accidents to law enforcement. Specifically, if anyone is injured or killed, or if property damage exceeds $1,000, the driver should notify the police immediately.

In practice, it’s wise to call the police to the scene of any collision that isn’t just a trivial scrape. When officers arrive, they will ordinarily prepare an official accident report, which can become important evidence for insurance claims and potential legal action. In Jacksonville (within city limits), the Jacksonville Police Department would typically respond; on highways or outside city limits, Troop B of the NC Highway Patrol or the Onslow county sheriff’s office may handle the report.

If for some reason law enforcement does not come to the scene (for example, in a very minor incident with no injuries), North Carolina law still requires drivers to file a written report with the DMV within 10 days for any accident meeting the injury or $1,000 damage threshold.

Failing to report a reportable accident can lead to problems and may complicate your insurance claim. Even for minor accidents, having a police report can be extremely helpful. It provides a timely record of the crash details and the parties involved. So, while you might not legally need to report a tiny fender-bender with no visible damage, we think it’s usually best to err on the side of calling the police. This protects you by documenting what happened in case the other driver later makes false claims or allege contributory negligence, or if you realize later that you suffered injuries and damages.

Absolutely. It’s common after an accident not to feel pain right away due to the adrenaline rush and shock of the event, which can mask injury symptoms. You might feel okay at the scene but develop pain or other symptoms hours or days later. For example, whiplash injuries, concussions, or internal injuries might not be obvious immediately. It’s a good idea to get a medical evaluation as soon as you can after the crash, even if you don’t think you’re hurt. A doctor can identify injuries that you may not notice yourself and start treatment right away.

From a legal perspective, seeing a doctor promptly also documents that any injuries were caused by the accident. If you delay treatment and then discover an injury, the insurance company might argue that something else caused it, attempting to deny the claim. Getting checked out the same day or the next day helps link your injuries directly to the accident. In some cases, serious injuries like internal bleeding or traumatic brain injuries may not show symptoms you recognize, but a medical professional could catch them. In short, don’t tough it out or assume you’re uninjured. Prioritize your health and get a proper medical check-up. It will protect your well-being and your ability to receive compensation for any injuries related to the at-fault driver’s negligence.

North Carolina uses a traditional fault-based system for car accidents, meaning the driver who caused the crash (through negligence) is responsible for the damages. Determining fault isn’t always straightforward and usually involves investigating the facts. Police officers will typically survey the scene, talk to drivers and witnesses, and include their findings in the official accident report. Insurance companies then conduct their own review. They may review the police narrative or accident report, interview those involved, speak with witnesses, inspect vehicle damage, and sometimes review photos or video footage of the crash if available. All of this evidence helps show how the accident happened and who was responsible.

One critical thing to know is that North Carolina follows the doctrine of contributory negligence. Under this rule, each party’s potential contribution to the accident matters a lot. If you are found even slightly at fault (even 1%), you can be barred from recovering any damages from the other party.

Because of this harsh rule, insurance adjusters look for any evidence that the victim (the person filing the claim) did something wrong too. For instance, if you mention that you were going a few miles over the speed limit or were momentarily distracted, the other driver’s insurer might seize on that to claim you contributed to the crash.

Determining fault, therefore, often comes down to proving the other driver was 100% at fault. Things like traffic citations issued at the scene (e.g., for running a red light or following too closely or even an arrest for drunk driving), witness statements, and physical evidence can all help establish fault. If there’s a dispute, the question of fault could end up being decided in court. Ultimately, fault determination in North Carolina is a high-stakes issue because of the contributory negligence doctrine – it’s not just about dividing blame, but potentially about whether an injured person can recover anything at all.

North Carolina’s contributory negligence law is strict: if you are even partially (as little as 1%) at fault for the accident, you generally cannot recover any compensation from the other driver. This is different from most states that use comparative negligence and would simply reduce your compensation by your percentage of fault. In practical terms, if both you and the other driver did something that contributed to the crash, no matter how slight your fault was, you could be prevented from receiving damages for your injuries. Clearly that is very unfair, especially if the other driver was far more at fault than you.

There are a couple of narrow exceptions that might apply in special situations. One is called the “last clear chance” doctrine. This rule can allow an injured person to recover damages even if they were negligent if they can prove the other driver had the last clear opportunity to avoid the crash and failed to do so.

Essentially, if you made a mistake but then were in a helpless position, and the other driver could have avoided hitting you but didn’t, you might still win a claim under last clear chance. Another exception is when the other driver’s conduct was willful or wanton – that means extremely reckless or intentional conduct.

These exceptions are not easy to invoke and require specific proof. Most car accident claims will be decided under the pure contributory negligence standard. If there is any question that you might be partly at fault, expect the insurance company to use that as a reason to deny your claim. Because of this, we think it’s worthwhile to consult an attorney if fault is unclear – a lawyer can help argue against a contributory negligence defense or identify whether an exception like last clear chance could apply. The bottom line is that being partially at fault in North Carolina is a serious issue, but not always an absolute dead end if the circumstances fit an exception.

It’s usually not in your best interest to give a recorded statement to the other driver’s insurance adjuster. After you report the accident, you may get a call from the at-fault party’s insurer asking to “get your statement.” Be very careful about this. The insurance adjuster’s job is to protect their company’s money – they will be looking for ways to reduce or deny your claim. In North Carolina, with the contributory negligence rule, adjusters know that if they can get you to say something indicating you were a little bit at fault, they can potentially deny your claim completely.

For instance, if you say “I guess I was going a bit fast” or “I didn’t see the other car until the last second,” those statements could be interpreted as you admitting partial fault. A recorded statement can lock you into a version of events that the insurance company will use against you later. As such, we think it’s a better practice NOT to give a recorded statement to the other side’s insurer, or at least not until you’ve spoken with a lawyer.

You are generally under no legal obligation to provide a recorded statement to the other driver’s insurance company. It’s okay to politely decline or to tell them you will provide a written statement later. You may also refer the insurance adjuster to your attorney to handle statements and the provision of information. 

When dealing with your own insurance company, you do have a duty to cooperate, which might include giving a statement about what happened. Even then, you can schedule it for a time when you’re calm and prepared, and you can request that it not be recorded if you’re uncomfortable. Always stick to the facts and avoid speculation. If you are unsure about how to handle an insurance inquiry, you have the right to consult an attorney for guidance. Remember, once something is recorded, it cannot be taken back – so it’s generally better to be cautious and avoid saying anything that could jeopardize your claim.

Being hit by an uninsured driver or being the victim of a hit-and-run is frightening, but there are protections in place to help. North Carolina law requires Uninsured Motorist (UM) coverage on all car insurance policies. This means your own insurance can cover you if the at-fault driver had no insurance or if you cannot identify them (as in a hit-and-run). In such a case, you would file a claim with your insurance company under your UM coverage. It can pay for medical bills, lost wages, and other damages that you would have otherwise claimed from the at-fault driver’s insurer.

If the other driver did have insurance but not enough to cover all your losses (for example, they only carried minimum coverage and your damages are higher), you may have Underinsured Motorist (UIM) coverage kick in. UIM coverage is optional in NC, but many drivers carry it. It covers the gap between the other driver’s insurance limits and the actual amount of your damages. For instance, if the other driver has $30,000 of liability coverage and your damages are $50,000, your UIM coverage could potentially cover that $20,000 difference (up to your own UIM policy limits).

In a hit-and-run scenario, it’s very important to report the incident to the police immediately. Your insurer will likely require a police report documenting that an unidentified driver caused the crash. Also, inform your insurer quickly about the hit-and-run, because UM claims often have notice requirements. The good news is that UM/UIM coverage exists precisely to protect responsible drivers like you from the irresponsibility of others. While the process can be a bit complex – essentially, you’ll be negotiating with your own insurance company as if they were the at-fault party’s insurer – it at least provides a potential source of recovery. You may still want legal help in these cases, especially if your insurance company disputes the value of your claim, but know that uninsured drivers or hit-and-run drivers do not get a free pass. They may be personally liable for your damages. Your own insurance coverage may also be able step in to cover you.

If you have a legitimate car accident claim, you can seek compensation for the different ways the accident harmed you financially and personally. The main categories of damages include:

• Medical expenses: This covers the cost of emergency treatment, hospital bills, doctor visits, surgery, medication, physical therapy, rehabilitation, and any other medical services related to your injuries. Future medical costs can be claimed too, if you’ll need ongoing care.
• Lost income: If your injuries force you to miss work, you can claim the wages or salary you lost. This also includes lost earning capacity if your injuries reduce your ability to work in the future. For example, if you have a long-term disability from the accident, the income you would have earned can be part of the claim.
• Property damage: You are entitled to have your vehicle repair costs covered, or to receive the fair market value of your car if it was totaled. The at-fault driver’s insurance is responsible for paying to restore your vehicle to its pre-accident condition. This can also include damage to other property (for instance, if you had valuable items in the car that were damaged).
• Pain and suffering: These are non-economic damages for the physical pain and discomfort you endured, as well as emotional distress, mental anguish, and loss of enjoyment of life due to the accident. Serious injuries that cause long-term pain, scarring, or lifestyle changes typically merit higher pain and suffering compensation.
• Other losses: In some cases, you might have additional damages like out-of-pocket costs (e.g., hiring someone to help around the house while you recover) or, in the case of a fatal accident, wrongful death damages for the family’s loss. North Carolina also allows punitive damages in rare cases involving egregiously reckless behavior (such as drunk driving), but those are capped by law and not available in most routine accident cases.

In summary, the goal of compensation is to make you “whole” again for both economic losses (medical bills, lost wages, property damage) and non-economic losses (pain, suffering, and life impact).

Be sure to keep receipts, bills, and documentation for all accident-related expenses, and follow your doctor’s orders – good documentation and mitigation of your damages will help you maximize your recovery.

In North Carolina, the statute of limitations for car accident cases is generally three years from the date of the accident for injury and property damage claims. This means if you need to sue (for example, because a fair settlement cannot be reached), you must file the lawsuit within three years of when the accident happened. If you miss this deadline, you’ll likely lose your legal right to seek compensation in court. For instance, if you were in a crash on January 1, 2025, you would have until January 1, 2028 to file a lawsuit for any injuries or vehicle damage from that crash.

If the accident tragically resulted in someone’s death, a different timeline applies. A wrongful death lawsuit in North Carolina must be filed within two years of the date of death. (Note that if the injured person survived for some time after the accident but later died from their injuries, the two-year clock starts on the date of death, which could be later than the accident date.)

There are a few special situations that can extend the filing deadline. One example is if the victim is a minor – if a 16-year-old is injured in a wreck, the three-year statute of limitations to file a lawsuit for their injuries typically wouldn’t start until they turn 18.

Another example is if an injury wasn’t discovered right away (though in car accident cases this is uncommon; it more often applies to things like exposure to a toxic substance). These exceptions are relatively rare. In almost all car accident cases, you should assume the three-year limit (or two-year limit for a death) will apply.

We firmly believe it’s best to act well before the deadline. Important evidence can be lost over time, and negotiating with insurance doesn’t pause the clock. If you’re getting near the end of the limitations period and your claim isn’t resolved, you may need to file a lawsuit to preserve your rights. Consult an attorney well in advance of the deadline to make sure you don’t accidentally forfeit your claim by waiting too long.

It depends on the circumstances, but we think it’s often very helpful to have a lawyer. Not every accident requires an attorney – for example, a minor fender-bender with no injuries can often be handled through insurance without legal help. However, if you suffered injuries beyond minor scrapes, or if there is any dispute about who was at fault, or if the insurance company is giving you trouble, consulting an experienced car accident attorney is wise. North Carolina’s laws (like contributory negligence and strict filing deadlines) can be tricky to navigate. A local Jacksonville personal injury lawyer will understand these laws and know how to deal with the insurance companies on your behalf. Statistics indicate that people with legal representation tend to recover more compensation than those who go it alone.

This makes sense because a lawyer knows what evidence is needed, how to build a compelling case, and how to negotiate effectively. We can handle the paperwork and the hassle of dealing with an insurance adjuster from the big insurance company, allowing you to focus on healing. An attorney will also make sure you don’t miss the statute of limitations or any other critical deadlines. In Jacksonville, most attorneys offer free consultations and work on a contingency fee (meaning they only get paid if you recover money) for car accident cases, so there’s little risk in speaking to one about your case.

In summary, while you’re not required to hire a lawyer, doing so can significantly improve your chances of a successful outcome and help achieve the full and fair compensation you may be entitled to. In complex or serious injury situations, an attorney’s guidance can be invaluable in handling medical bills, proving fault, and dealing with insurers who might otherwise try to take advantage of you.