Understanding the laws in your state is vital when you’re in a car accident. One term you might have heard is at-fault vs. no-fault. A no-fault state requires the insurance providers for both drivers to pay for damages. On the other hand, an at-fault state requires the driver who caused the accident to compensate the other party for damages. So, Is NC a no-fault state or an at-fault state?
North Carolina uses an at-fault system, similar to most states. This means that determining liability is vital to getting the settlement you’re owed. After a crash, the most important thing is ensuring everyone is safe, but minding injury law comes second.
What Is a No-Fault State?
In an at-fault state like North Carolina, the driver responsible for the accident must pay for the other party's damages. This includes property damage, medical expenses, lost wages, emotional trauma, and more. Typically, the at-fault driver's insurance covers these costs. If their insurance isn’t adequate, the court may target their assets. Determining fault plays a pivotal role in these lawsuits, and it’s no simple task.
How Is Fault Determined?
Fault is determined by examining the details of the accident. This can involve police reports, witness statements, and accident reconstruction experts. It's crucial to gather as much evidence as possible at the scene to help establish who was at fault. After a car accident where the other driver was at fault, it’s essential that you gather as much evidence as possible.
What Should You Do After a Car Accident in North Carolina?
- Stay Calm and Check for Injuries: First, ensure everyone's safe. Check for injuries, and if anyone needs help, call for emergency medical care.
- Call the Police: It's important to have an official police report, even for minor accidents.
- Exchange Information: Get the other driver's name, contact information, insurance details, and vehicle information.
- Document the Scene: Take photos of the accident scene, damages, and any relevant road conditions or signs. Cover the crash from multiple angles to help strengthen your case.
- Seek Medical Attention: Some injuries may not be immediately apparent. Even if you feel okay, have a healthcare professional check you for injuries as soon as possible.
- Notify Your Insurance Company. Report the accident to your insurance provider promptly.
What if the Other Driver Is Uninsured?
If you're in an accident with an uninsured driver, you might worry about how to get compensated for your damages. In North Carolina, uninsured motorist coverage (UM) is required. This coverage can help pay for your expenses if the at-fault driver doesn't have insurance. Underinsured motorist coverage (UIM) can cover the gap if the other driver's insurance isn't enough to cover all your damages.
Can You Still Get Compensation if You're Partially at Fault?
North Carolina follows a strict contributory negligence rule. If you bear any responsibility for the accident, you cannot recover any damages from the other party. Likewise, you don’t have to pay the other person if you only bear the majority of responsibility for the accident. If you were primarily responsible for an accident, proving that the other person shares the blame can limit your liability.
Call Irons and Irons Today
Navigating car accident claims can be challenging, especially with North Carolina’s contributory negligence rule. A knowledgeable car accident attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
At Irons and Irons, we’ve helped countless Carolina drivers get the compensation they deserve after an accident, navigating the complexities of personal injury law in an at-fault state. If you're still wondering, 'Is NC a no-fault state?' the answer is no, and understanding this can significantly impact your case. Give us a call at (252) 215-3000 or schedule a consultation today to learn how much you could settle for.