Statewide · Auto accidents
Car Accident Attorney for Drivers and Passengers Across North Carolina
A car crash claim in North Carolina turns first on fault, because the contributory negligence rule bars recovery by an injured person whose own negligence helped cause the injury. I represent people hurt in car crashes across the state and I can come to you. We talk first by phone or video, then meet in person where you are.
A crash on an interstate in one county can leave the injured person recovering at home in a county far from the scene. The rules that decide the claim are the same everywhere in North Carolina. This page covers the fault rule and its exception, the insurance a North Carolina policy carries, the filing deadlines, the duty to report a crash, the 2024 statewide figures, the records worth keeping and how a visit with me works.
01
Contributory negligence and the bar on a partly at-fault driver
Contributory negligence is the North Carolina rule that bars an injured person from recovering when that person's own negligence joined with the defendant's negligence to cause the injury. The rule comes from the common law and not from a statute. The North Carolina Court of Appeals has said it stays the law of the state until the Supreme Court of North Carolina overrules it or the General Assembly adopts comparative negligence.
The defendant carries the burden of proving contributory negligence by the greater weight of the evidence. The North Carolina pattern jury instruction tells jurors that if the injured person was contributorily negligent, the plaintiff cannot recover.
Under the general rule, a small share of fault on the injured person's side can end the claim. How the crash happened comes before any talk about money.
Last clear chance, when the defendant could still have avoided harm
Exception. Last clear chance lets an injured person recover despite their own negligence. In a case with one defendant and no agency issue, the jury reaches it only after finding the defendant negligent and the injured person contributorily negligent. The burden on that issue is on the injured person.
| Element | What the injured person proves |
|---|---|
| Peril | The injured person negligently got into a position of peril that reasonable care could not get them out of |
| Knowledge | The defendant knew of that peril, or would have discovered it with reasonable care |
| Time and means | The defendant had the time and means to avoid the injury and failed to use reasonable care to do it |
| Cause | That failure proximately caused the injury |
The jury decides each element from the evidence in a case that goes to trial. It is very difficult to predict what any jury will award an injured party.
It is very difficult to predict what any jury will award an injured party.
02
The $50,000 per-person liability minimum on North Carolina policies
A North Carolina owner's auto policy has to carry bodily injury liability coverage of at least $50,000 for one person and $100,000 for two or more people in one crash, plus $50,000 for property damage, under G.S. 20-279.21(b)(2). Those amounts come from S.L. 2023-133, Section 12. As S.L. 2024-29 amended it, Section 12 applies to policies issued or renewed on or after July 1, 2025.
| Coverage under G.S. 20-279.21(b)(2) | Minimum per crash |
|---|---|
| Bodily injury or death of one person | $50,000 |
| Bodily injury or death of two or more persons | $100,000 |
| Injury to or destruction of property of others | $50,000 |
The minimum is the floor the statute sets for the at-fault driver's policy. The policy itself shows what that driver actually bought.
When the at-fault driver's coverage runs short of the injured person's damages, the next coverage to read is on a policy insuring the injured person.
03
Whose policy pays when the at-fault driver carries too little insurance?
Underinsured motorist coverage, called UIM, is coverage on a policy insuring the injured person that applies when the at-fault vehicle's liability insurance is less than the injured person's damages. G.S. 20-279.21(b)(4) requires an owner's policy to provide UIM in addition to liability and uninsured motorist coverage. UIM applies once the at-fault vehicle's liability policies have been exhausted by payment of a judgment or settlement, and the statute counts limits that have been paid or tendered.
Uninsured motorist coverage, called UM, is required by G.S. 20-279.21(b)(3) on a bodily injury liability policy for any motor vehicle registered or principally garaged in North Carolina. It protects insured people who are legally entitled to recover damages from the owner or operator of an uninsured motor vehicle or a hit-and-run vehicle.
| Coverage | Bodily injury limits under G.S. 20-279.21 |
|---|---|
| UM, subdivision (b)(3) | Equal to the highest bodily injury liability limits for any one vehicle on the policy, but not more than $1,000,000 per person under that rule. A named insured can buy greater or lesser limits, but not below the (b)(2) minimums |
| UIM, subdivision (b)(4) | Equal to the UM bodily injury limits purchased on the policy. A named insured can buy greater or lesser limits, and no insurer is required to sell UIM above $1,000,000 per person and $1,000,000 per accident |
The July 1, 2025 UIM change under S.L. 2024-29
S.L. 2024-29, Section 8(a), rewrote the UIM provisions of G.S. 20-279.21(b)(4) as S.L. 2023-133 had amended them. Section 8(c) moved the effective date of S.L. 2023-133, Section 12, from January 1, 2025 to July 1, 2025, for policies issued or renewed on or after that date. S.L. 2025-4, Section 6.2, gave Section 8(a) the same July 1, 2025 date for policies issued or renewed on or after it.
Under the current text, an underinsured highway vehicle is one whose total liability limits from all bonds and policies are less than the total damages of the person seeking UIM benefits. The UIM amount is not reduced by a setoff or credit against any coverage, including liability insurance, except for workers' compensation as subsection (e) of the statute provides.
If the injured person is insured under UIM on separate policies, the statute adds the highest UIM limit available under each policy. The highest limit on each separate policy can count, so every auto policy in the household is worth reading.
Exception. The UIM limits for one vehicle on a policy are not combined with the limits for another vehicle on the same policy. Adding limits across separate policies applies only to insurance on nonfleet private passenger motor vehicles as G.S. 58-40-10(1) and (2) describe them.
Every auto policy in the household is worth reading.
04
Three years to file under G.S. 1-52, and two after a death
G.S. 1-52(5) gives three years to bring an action for injury to the person that does not arise on a contract. Unless otherwise provided by law, G.S. 1-52(16) says a personal injury claim does not accrue until the bodily harm becomes apparent, or ought reasonably to have become apparent to the claimant, whichever happens first.
| Claim | Period | When it starts |
|---|---|---|
| Personal injury, G.S. 1-52(5) | Three years | When the bodily harm becomes apparent or ought reasonably to have, under G.S. 1-52(16) |
| Wrongful death, G.S. 1-53(4) | Two years | The date of death |
Exception. A claim for a death caused by a crash has its own two-year period under G.S. 1-53(4), and that cause of action does not accrue until the date of death. If the person who died would have been barred from suing for bodily harm because of G.S. 1-15(c) or 1-52(16), no action for the death can be brought. Our wrongful death page covers the family's claim.
The clock under G.S. 1-52(16) runs from when the bodily harm became apparent or ought reasonably to have become apparent, whichever came first, not from when an insurance claim was opened.
05
Who has to report a North Carolina crash, and how fast
G.S. 20-166.1(a) requires the driver of a vehicle in a reportable crash to notify the appropriate law enforcement agency immediately, by the quickest means of communication. Inside a city or town that agency is the city or town police department. Outside a city or town it is the State Highway Patrol or the sheriff's office or other qualified rural police of the county where the crash happened.
The $1,000 property damage line in G.S. 20-4.01(33b)
A reportable crash under G.S. 20-4.01(33b) is a crash involving a motor vehicle that results in death or injury of a human being, or total property damage of $1,000 or more. Property damage of any amount to a vehicle seized under G.S. 20-28.3 also makes a crash reportable. G.S. 20-4.01(4c) treats the words collision, accident and crash as synonymous.
The officer's report timeline under G.S. 20-166.1(e)
The driver notifies law enforcement
Under G.S. 20-166.1(a) the notice comes immediately, by the quickest means available.
The officer writes the report within 24 hours
An officer who investigates a reportable crash, at the scene or afterward, makes a written report within 24 hours of the crash.
A local agency forwards it within 10 days
A local law enforcement agency that receives the report forwards it to the Division of Motor Vehicles within 10 days. A State Highway Patrol report goes to the Division directly.
A supplemental report follows a later death
If an injured person dies from the crash within 12 months and the death was not in the original report, the investigating officer files a supplemental report.
Crash reports made by law enforcement officers are public records under G.S. 20-166.1(i). The North Carolina Division of Motor Vehicles lets a person involved in a crash order a redacted copy in person or by mail with form TR-67A, and an attorney's office can request the unredacted report for a permissible use.
Exception. A driver who collides with a parked or unattended motor vehicle on a highway of this State has to report the collision to its owner within 48 hours under G.S. 20-166.1(c). That requirement applies to a crash that is not reportable as well as to one that is.
06
1,732 killed in North Carolina traffic crashes during 2024
The 2024 North Carolina Traffic Crash Facts counts 284,546 traffic crashes statewide in 2024, with 1,732 people killed and 113,602 people injured. The booklet was compiled from 2024 crash data received before May 8, 2025, and it is the newest edition posted for download. The NCDMV Crash Facts page says the 2025 report is available by email request.
The booklet reports 15.68 people killed for every 100,000 people in 2024. It also reports that out-of-state drivers were involved in 11 percent of all crashes that year.
A statewide total says nothing about the value of one person's claim.
07
Records worth keeping in the first weeks after a crash
The records worth keeping after a North Carolina car crash are the ones that show what happened and what it cost, and this is general information rather than legal advice. Crash reports by law enforcement officers are public records under G.S. 20-166.1(i), and the North Carolina Division of Motor Vehicles provides copies.
From the scene
Keep the crash report number and the officer's agency. Save the names and phone numbers of witnesses, photos of the vehicles and the road, and the other driver's insurance information.
From the weeks after
Keep medical records and bills in one place, along with every letter or email from an insurance company. Your own auto policy belongs in the pile too.
UM and UIM coverage under G.S. 20-279.21 sit on policies that insure you, so your own policy papers matter as much as the other driver's.
08
Phone or video first, then I come to you in person
I can come to you anywhere in North Carolina, and the first contact is by phone or video. After that I meet you in person where you are, and whether we work together is decided in that meeting. My office is in Graham, and I own and fly a Piper Arrow, which is why the visit reaches the whole state.
You reach out
Call 336-221-8900 or send a visit request.
We talk by phone or video
You tell me what happened, and we set a time and a place to meet.
I come to you
We meet in person at your home or another place you choose.
We decide in that meeting
Whether we work together is decided there and not before.
Lorena Meza is a paralegal who works with me and speaks Spanish, and she is the Spanish-language contact for the office. You can read how the first meeting works or find the region you live in. A crash with a commercial truck has its own truck accident page, and riders have a motorcycle accident page.
If you live in Alamance, Caswell, Orange or Chatham County, juliandoby.com covers those counties. Wake County has its own site at accidentattorneyraleighnc.com. Everywhere else in North Carolina, call 336-221-8900 or use the contact page.
Questions
Common questions
Does my own policy cover a crash with a hit-and-run driver?
Uninsured motorist coverage on a North Carolina policy protects insured people who are legally entitled to recover damages from the owner or operator of a hit-and-run vehicle, under G.S. 20-279.21(b)(3). Whether a particular claim is paid depends on the facts of the crash and the terms of the policy.
Am I covered under a relative's auto policy if we live in the same house?
G.S. 20-279.21 defines persons insured to include the named insured and, while resident of the same household, the spouse of any named insured and relatives of either, while in a motor vehicle or otherwise. The policy wording still matters, so every auto policy in the household is worth reading.
Can I order my own crash report online?
The North Carolina Division of Motor Vehicles does not let individuals order crash reports online. A person involved in the crash can order a redacted copy by mail or in person using form TR-67A. A business such as an attorney's office that is based in or licensed to operate in North Carolina can request the unredacted report for a permissible use, including online.
Do I need to call the police after a crash with no injuries?
A crash with no injuries is still reportable under G.S. 20-4.01(33b) when total property damage reaches $1,000 or more. The driver of a vehicle in a reportable crash has to notify the appropriate law enforcement agency immediately under G.S. 20-166.1(a).
Will you tell me what my claim is worth at the first meeting?
Whether we work together is decided in the first in-person meeting. It is very difficult to predict what any jury will award an injured party, and nothing on this site puts a dollar figure on any claim.
About the attorney
Julian Doby, attorney since 1998
Julian Doby has been admitted to practice in North Carolina since 1998, North Carolina State Bar No. 25407, and he represents injured people across the state. His one office is at 110 W. Elm Street in Graham. He meets clients across the state after a first conversation by phone or video.
More about JulianSources and verification (15)
- Jones v. Rochelle, 125 N.C. App. 82, opinion text, Caselaw Access Project, verified October 18, 2026.
- N.C.P.I.-Motor Vehicle 104.10, Contributory Negligence Issue, replacement June 2018, UNC School of Government, 2025 edition, verified October 18, 2026.
- N.C.P.I.-Motor Vehicle 105.15, Last Clear Chance, rev. May 2020, UNC School of Government, 2025 edition, verified October 18, 2026.
- N.C. Gen. Stat. 20-279.21(b)(2), minimum liability limits, ncleg.gov, verified October 18, 2026.
- S.L. 2023-133, Section 12(a) through 12(i), ncleg.gov, verified October 18, 2026.
- S.L. 2024-29, Sections 8(a) and 8(c), amending S.L. 2023-133, Section 12(i), ratified June 25, 2024, ncleg.gov, verified October 18, 2026.
- S.L. 2025-4, Section 6.2, effective date of S.L. 2024-29, Section 8(a), ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 58-40-10(1) and (2), private passenger and nonfleet motor vehicles, ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 1-52(5) and 1-52(16), ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 1-53(4), ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 20-166.1(a), (c), (e) and (i), ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 20-4.01(4c) and (33b), crash and reportable crash, ncleg.gov, verified October 18, 2026.
- NCDMV, Crash Reports, ncdot.gov, verified October 18, 2026.
- 2024 North Carolina Traffic Crash Facts, pages 2 through 5, NCDMV, verified October 18, 2026.
- NCDMV Crash Facts page, 2025 report by request, verified October 18, 2026.
Talk first. Then I can come to you.
Call or send a visit request. We start by phone or video.