Law FAQ

Feb 2024

Is North Carolina a No-Fault State for Car Accidents?

Is North Carolina a No-Fault State for Car Accidents?

North Carolina is not considered a "no-fault" state when it comes to car accidents. Instead, it is an at-fault state, which means that the driver who causes the accident is responsible for paying damages to both people and property. In this system, if you were not at fault, you should be eligible for compensation from the at-fault driver's car insurance policy.

However, North Carolina has a particularly strict rule about liability called contributory negligence.

This means that if you were even slightly responsible for the accident, you could lose your right to compensation.

North Carolina is one of the few states that follow contributory negligence rules, which can significantly impact your ability to recover damages after an accident

In a traditional "no-fault" state, drivers must buy a special kind of insurance called personal injury protection (PIP). PIP coverage pays for wage loss and medical costs when minor injuries happen, regardless of who caused the crash. In contrast, in an at-fault state like North Carolina, the negligent driver who causes a car crash must pay for damages to both people and property

It's important to understand these distinctions, as they can have a significant impact on your ability to recover compensation after a car accident in North Carolina.

If you have been involved in a car accident in the state, it's advisable to seek legal guidance from an experienced personal injury attorney to navigate the complexities of the at-fault system and understand your rights and options for pursuing full and fair compensation.

Your Law Passport membership can assist in finding the best injury attorney for your circumstances.