Making a Car Accident Claim When You’re Injured as a Passenger in North Carolina

If you were injured as a passenger in a car crash in North Carolina, you may be eligible to recover compensation for your medical bills, lost wages, and other accident-related expenses regardless of who caused the collision and whose car you were riding in.

How you approach seeking compensation will depend on which driver was at fault and other facts of the case. Working with an experienced car accident lawyer to prepare and file your passenger injury claim will make the process more manageable and straightforward and allow you to focus on healing from your injuries.

What Steps Should You Take if You Were Injured as a Passenger in a North Carolina Car Accident?

After being involved in a car accident and injured as a passenger, your safety and health should be your priority. If your condition allows it, call 911 immediately to report the crash. The dispatcher will send medical personnel to the accident scene to attend to the injured, and the police, who will prepare an official accident report. Next, collect contact and insurance information from all involved drivers and take photos and videos of the scene. Share what you know with the police, but don’t speculate on fault or place blame.

In the period following the accident, take the following steps to protect yourself and preserve your right to compensation:

• Seek immediate medical treatment — Even if your injuries don’t seem serious, and even if you feel unharmed, see a doctor as soon as possible. Some injuries take time to appear, and delaying treatment can make it harder to prove they resulted from the crash.
• Follow the doctor’s treatment plan — Attend all follow-up appointments, take medications as prescribed, and follow any physical therapy recommendations. Gaps in treatment can jeopardize your claim by giving insurers a reason to question the severity of your injuries.
• Retain all documentation related to the accident — Keep copies of the police report, medical records, bills, prescriptions, and any written communication with insurance companies. These documents help establish the extent of your injuries and financial losses.
• Watch what you say to insurers and other parties — Insurance adjusters may try to minimize your claim. Avoid providing recorded statements without an attorney’s guidance, and don’t post about the accident on social media, as your words could be misinterpreted and used against you.
• Retain an attorney as soon as possible — A North Carolina car accident attorney can assess your claim, communicate and negotiate with insurers, and fight for full and fair compensation.

What Are the Minimum Insurance Requirements for Drivers in North Carolina?

All North Carolina drivers must carry minimum liability insurance to cover damages in the event of an accident. Effective July 1, 2025, the minimum coverage limits are:

• $50,000 per person for bodily injury or death
• $100,000 per accident for total bodily injury to or death of two or more people
• $50,000 per accident for property damage.

State law also requires that drivers purchase uninsured motorist (UM) coverage equal to their highest amount of bodily injury liability coverage (up to a maximum of $1 million) to protect against accidents caused by uninsured drivers. Insurers must provide combined uninsured/underinsured motorist (UIM) coverage when liability limits exceed the minimum requirements.

Is North Carolina a Fault or No-Fault Insurance State?

North Carolina operates on a fault-based system for car accident claims. The driver responsible for causing a crash bears liability for the resulting injuries and losses. As a result, injured passengers can file a claim against the at-fault driver’s insurance company to seek compensation for losses stemming from a collision, whether that driver was the one in whose vehicle the passenger was riding.

What Happens If More Than One Driver Was Responsible for the Car Accident?

When multiple drivers share responsibility for an accident, North Carolina follows the joint and several liability rules. Under this law, an injured passenger can pursue compensation from any at-fault driver’s insurance policy. The drivers’ insurance companies may dispute fault, complicating the claims process.

What If I Am a Passenger in the Car That Was at Fault for the Accident?

If the driver of the vehicle you were riding in caused the accident, you can seek compensation by filing a claim through their liability insurance for your medical expenses and other losses. However, if the driver is a family member who shares your insurance policy, it could limit your coverage. It will depend on the details of your policy.

Additionally, North Carolina’s contributory negligence rule could prevent recovery if the insurer argues that you contributed to the accident, such as by distracting the driver. While it’s uncommon for passengers to be liable for car accidents, insurers may attempt to shift blame to avoid payouts.

What Happens If the Driver Who Is at Fault Had No Insurance?

If the at-fault driver is uninsured, you may still have options for recovering compensation. State-mandated uninsured motorist coverage can cover your medical expenses and other losses if the at-fault driver lacks insurance. You can file an Uninsured Motorist claim if you are insured under your policy or a family member’s policy.

The available insurance coverage may not be sufficient, especially in cases involving severe injuries. You might consider filing a personal injury lawsuit against the at-fault driver in this situation. However, collecting compensation can be challenging if they lack financial resources or assets.

Get Help from an Experienced North Carolina Car Accident Lawyer

Being injured as a passenger in a car accident can be a challenging and frustrating situation. Seeking compensation for your medical expenses, lost wages, pain and suffering, emotional anguish, and other harm may be less straightforward than you’d prefer, and trying to wrap your head around the procedures can be a lot to handle when you’re also trying to recover from your injuries.

Let The Law Offices of John Drew Warlick, P.A., assist you. We’re a full-service North Carolina car accident injury firm with extensive resources to support clients in situations like yours. See our lengthy track record of positive results and satisfied clients. Our team is ready to hear your story and provide the legal advocacy you deserve. Contact us 24/7 to get started with a free consultation.

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