North Carolina Car Accident Laws

At the scene and reporting a crash in North Carolina

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: Call police right away if anyone is hurt or killed, or total property damage is $1,000 or more (a 'reportable crash'). In a city or town, call the city police. Outside one, call the State Highway Patrol or the sheriff. If you hit a parked or unattended car, you must tell its owner within 48 hours, even for a small crash.
Damage amount: $1,000
Report to the state: No separate driver report. The officer who investigates a reportable crash writes the report within 24 hours. The DMV may ask you for proof of insurance.
Law: N.C. Gen. Stat. §§ 20-166.1, 20-4.01(33b)
Official text: Read the official text

First 24 hours after a crash in North Carolina

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in North Carolina

North Carolina is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System: Fault (tort)
PIP, benefits and when you can sue: No PIP required. North Carolina is a fault state: the driver who caused the crash (and their liability insurer) pays for others' injuries and damage. Medical payments coverage is optional.
Law: N.C. Gen. Stat. § 20-279.21; NCDOI 'After an Accident'
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in North Carolina

Rule: Contributory negligence
What it means: In North Carolina, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.
Law: North Carolina common law (NCDOI: 'Contributory Negligence Law bars a driver from collecting damages if determined to be partially at fault'); N.C. Gen. Stat. § 1-139 (the defendant must prove it)

Compare every state's rule in the comparative negligence table.

Who pays in North Carolina: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in North Carolina

Liability minimum: 50/100/50 (policies issued or renewed on or after July 1, 2025; previously 30/60/25)
Uninsured / underinsured motorist (UM/UIM): Required: uninsured motorist coverage (bodily injury and property damage). Limits equal your highest bodily injury limits, up to $1 million, unless you choose otherwise. Underinsured motorist coverage is also required, and it is no longer reduced by the at-fault driver's liability payment.
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in North Carolina

Order a copy from NCDMV with the Crash Report Request form (TR-67A), by mail or in person (for example, at the Raleigh Central Services license plate agency, 4121 New Bern Ave.). The TR-67A form says the cost is currently $6.50; for mail, pay by check or money order to NCDMV (no cash) and send to Traffic Records Branch, Crash Reports Unit, 3106 Mail Service Center, Raleigh, NC 27697-3106. Individuals can't order online and get a redacted copy. Mail requests take about 10 business days. Questions: Crash Reports Unit, 919-861-3068. You can also ask the police agency that investigated. https://www.ncdot.gov/dmv/offices-services/records-reports/Pages/crash-reports.aspx

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in North Carolina

How fast insurers must act: NCDOI says that after receiving a claim, an insurer has 30 days to acknowledge it: make an offer, deny it, pay it, or tell you the investigation is ongoing. Payments should be mailed or delivered within 10 business days after the claim is settled (NCDOI 'FAQs about Auto Insurance'). N.C. Gen. Stat. § 58-63-15(11) also makes it an unfair claim settlement practice to fail to acknowledge and act reasonably promptly on claim communications, among other practices.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer, within 30 days for North Carolina where our data gives a day count.

If the other driver has no insurance in North Carolina

Every NC policy includes uninsured motorist coverage, which pays for injuries and property damage caused by an at-fault uninsured driver. Underinsured motorist coverage pays when the other driver's limits are too low. NCDOI says no law requires an insurer to give you a rental car, though it's common practice.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in North Carolina

Property damage (your car): 3 years
Injury: 3 years
Notes, including claims against a government: Negligence claims against state agencies go to the N.C. Industrial Commission, not to small claims.
Law: N.C. Gen. Stat. § 1-52(4) (injuring goods), § 1-52(5) and (16) (personal injury)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in North Carolina

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in North Carolina

Small claims limit: Up to $10,000; each county can set a lower local limit between $5,000 and $10,000.

North Carolina small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in North Carolina

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

North Carolina Department of Insurance · 855-408-1212

Free help in North Carolina

Good to know in North Carolina

Contributory negligence: if you are even partly at fault, you may not be able to collect from the other driver (NCDOI).
Insurers must treat a car as a total loss when repairs reach 75% of its actual cash value (NCDOI).
Since July 1, 2025, minimum liability is 50/100/50 (S.L. 2023-133 § 12, as amended by S.L. 2024-29 § 8(c)).

Changes in 2024–2026

S.L. 2023-133 § 12 raised the minimum liability limits to 50/100/50, starting with policies issued or renewed on or after July 1, 2025 (S.L. 2024-29 § 8). S.L. 2024-29 § 8(a) also rewrote underinsured motorist coverage: it is now required in every policy and is no longer reduced by the at-fault driver's liability payment; S.L. 2025-4 § 6.2 set its start date as July 1, 2025, for policies issued or renewed on or after that date.

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in North Carolina

When do you have to report a car accident in North Carolina?

Call police right away if anyone is hurt or killed, or total property damage is $1,000 or more (a 'reportable crash'). In a city or town, call the city police. Outside one, call the State Highway Patrol or the sheriff. If you hit a parked or unattended car, you must tell its owner within 48 hours, even for a small crash. No separate driver report. The officer who investigates a reportable crash writes the report within 24 hours. The DMV may ask you for proof of insurance.

Is North Carolina a no-fault state?

No. North Carolina is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

Can I get money if I was partly at fault in North Carolina?

In North Carolina, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.

What is the minimum car insurance in North Carolina?

50/100/50 (policies issued or renewed on or after July 1, 2025; previously 30/60/25) Required: uninsured motorist coverage (bodily injury and property damage).

How long do you have to sue after a car accident in North Carolina?

3 years for property damage and 3 years for injury (N.C. Gen. Stat. § 1-52(4) (injuring goods), § 1-52(5) and (16) (personal injury)).

How do I get a police report in North Carolina?

Order a copy from NCDMV with the Crash Report Request form (TR-67A), by mail or in person (for example, at the Raleigh Central Services license plate agency, 4121 New Bern Ave.). The TR-67A form says the cost is currently $6.50; for mail, pay by check or money order to NCDMV (no cash) and send to Traffic Records Branch, Crash Reports Unit, 3106 Mail Service Center, Raleigh, NC 27697-3106. Individuals can't order online and get a redacted copy. Mail requests take about 10 business days. Questions: Crash Reports Unit, 919-861-3068. You can also ask the police agency that investigated. https://www.ncdot.gov/dmv/offices-services/records-reports/Pages/crash-reports.aspx

What if the other driver has no insurance in North Carolina?

Every NC policy includes uninsured motorist coverage, which pays for injuries and property damage caused by an at-fault uninsured driver. Underinsured motorist coverage pays when the other driver's limits are too low. NCDOI says no law requires an insurer to give you a rental car, though it's common practice.

Where can I complain about a car insurance company in North Carolina?

North Carolina Department of Insurance: https://www.ncdoi.gov/consumers/assistance-or-file-complaint-0 · 855-408-1212

Sources

Last checked: Oct 24, 2026.

Car accidents in North Carolina: what to do and who pays