Being Sued for a Car Accident in North Carolina: What Can They Take?

Dealing with a car collision comes with many challenges. Finding out that someone is taking legal action against you can add financial uncertainty to an already difficult ordeal. If you are being sued for a car accident in North Carolina, you may be wondering what they can take. In North Carolina, injured accidente de tráfico victims have the right to pursue compensation with the help of an attorney.

Legal claims tied to car collisions in North Carolina are fairly common. Having the right legal representation can help you reduce your legal and financial exposure. Anyone seeking damages has to prove that you were 100% at fault for causing the collision that led to their injuries.

By the Numbers: Understanding Car Accidents in North Carolina

Given the high number of car collisions in North Carolina, it is no surprise that they often lead to legal action. According to the North Carolina Department of Transportation (NCDOT), the state saw 276,026 reported traffic crashes in 2022, resulting in 1,653 fatalities.

With over 115,000 injuries reported in 2023 (a 4.0% increase from the year before), the risk of being named in a claim or civil action is only rising. Whether you were at fault or not, understanding your legal and financial exposure is key to moving forward smartly.

Understanding Liability and Insurance Coverage

Carolina del Norte follows a fault-based approach to determining liability following a car collision. This means that the person who causes an accident is financially liable for the harm and damage they cause. Typically, the person who violated a traffic law is responsible for causing the collision. In many cases, the negligent driver’s insurance carrier covers the cost of auto repairs and any medical bills tied to the collision.

Si el at-fault driver is uninsured or underinsured, the injured party may take the step of filing a daños personales claim in court. When this happens, the accused is listed as the defendant in the civil claim.

If a judgment is entered against you, a court can seek compensation to pay for damages from your:

• Bank accounts
• Investments
• Property equity
• Future wages

North Carolina car accident law provides certain exemptions that protect some of your income and property from being seized, especially your primary residence and a limited amount of personal property.

The Potential Cost of a Car Crash

Accidents are expensive, and litigation can lead to even higher damages. In 2022, the average cost per crash in North Carolina was estimated at $135,000, according to NCDOT.

That figure includes multiple factors like:

• Facturas médicas
• Vehicle damage
• Salarios perdidos
• Dolor y sufrimiento
• The cost of providing rental cars

If you only carry the minimum required coverage in North Carolina, which is $30,000 for bodily injury per person and $60,000 per accident, it’s easy to see how a serious injury case could push you beyond that in a heartbeat.

The Role of North Carolina’s Contributory Negligence Rule

One factor that may play a role in your civil case is the state’s pure contributory negligence rule. Under this strict standard, any plaintiff who is even 1% at fault for causing the collision could be barred from recovering any compensation.

If you’re concerned about being held liable for a car collision, Louisiana’s comparative-fault rule could work in your favor. With an attorney’s help, you can gather evidence that the other driver contributed to the crash by committing atropello con fuga, conducción temeraria, exceso de velocidad, or other infracciones de tráfico beforehand. That evidence could show they share partial responsibility for the accident.

Preguntas frecuentes

Q: How Much Can Someone Seek After a Car Accident in NC?

A: After a car accident in North Carolina, injured parties can seek full compensation for medical costs, property damage, lost income, and pain and suffering. Punitive damages are capped at $250,000 or three times the compensatory amount, whichever is greater, unless the case involves impaired driving. The total amount depends on the severity of injuries and available evidence. Serious crashes often result in higher financial claims.

Q: What Happens if Someone Files a Claim Against You After a Car Accident?

A: If someone files a claim against you after a car accident, you will be notified through legal paperwork and must respond by a set deadline. Your insurance company may provide legal defense if the claim is covered under your policy. Ignoring the notice could result in a default judgment. Responding quickly protects your rights and helps avoid unnecessary financial exposure.

Q: Can You Take Action Against a Car Insurance Company?

A: You may be able to file a claim against a car insurance company if they deny valid coverage or handle your claim in bad faith. This includes delays, underpayment, or unfair denial of benefits. These actions can be challenged under North Carolina insurance law. Gathering documentation and acting promptly is essential to protect your financial interests and secure fair treatment.

Q: What Is the Maximum Compensation Someone Can Recover From a Car Accident in North Carolina?

A: There is no maximum amount that someone can recover in compensatory damages for a car accident in North Carolina. However, punitive damages are typically capped at $250,000 or three times the compensatory damages, whichever is greater. That cap does not apply if the defendant was driving under the influence. Serious injury cases involving reckless conduct may result in significant financial recovery.

Protecting Your Rights During Litigation Begins With a Phone Call

If you’re being held financially responsible after a car accident in North Carolina, it’s natural to worry about what assets could be at risk. While insurance may cover part of the claim, anything beyond your policy limits could expose your personal property to collection efforts. Understanding your rights and taking early action can help you protect what matters most.

En Christina Rivenbark y Asociados, we help clients across Southeastern North Carolina respond to car accident claims with clarity and confidence. Nuestro equipo offers free consultations so you can better understand your exposure and next steps. Póngase en contacto con nuestra oficina to schedule your meeting and learn how we can help safeguard your future.