North Carolina is a “fault” or “tort” state for car accidents. That means that the driver at fault is the one who pays damages. After a crash, car accident victims typically file separate insurance claims for bodily injury and property damage.
North Carolina applies the “pure contributory negligence” rule to car accident compensation. This law is notoriously hard on injured car accident victims. Only a handful of states still use this all-or-nothing approach to injury claims. Under the pure contributory negligence law, if an injured victim contributed at all to causing the accident, they cannot file a claim for damages. Even if their actions were a factor in only 1 percent of the crash, they cannot file a claim.
Insurance companies take advantage of contributory negligence to deny car accident claims. An experienced North Carolina car accident lawyer can push back against attempts to blame you for the crash and can negotiate for a substantial settlement that meets your needs.