By Serdar Arslan, editor · Last reviewed · How we research
Contributory negligence still governs crash claims in North Carolina. If you are even slightly at fault, you generally cannot recover anything, with narrow exceptions such as the 'last clear chance' doctrine or cases where the other driver was grossly negligent. Minimum liability limits also jumped to 50/100/50 for policies issued or renewed on or after July 1, 2025, up from 30/60/25.
Injury and vehicle damage suits generally have 3 years, while wrongful death claims have 2. Claims against a State employee or agency go to the North Carolina Industrial Commission under the State Tort Claims Act and generally must be filed within 3 years; cities and counties keep governmental immunity unless it has been waived, for example by buying liability insurance. Drivers in a reportable crash must notify police right away, and the investigating officer files the written report with the DMV. Individuals cannot order reports online and must use form TR-67A. North Carolina recorded 1,619 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from when the injury becomes apparent or reasonably should have become apparent (for a car crash, usually the crash date) Source: N.C. Gen. Stat. § 1-52(16) |
|---|---|
| Property damage deadline | Generally 3 years for damage to your vehicle or other personal property Source: N.C. Gen. Stat. § 1-52(4), (16) |
| Wrongful death deadline | Generally 2 years from the date of death Source: N.C. Gen. Stat. § 1-53(4) |
| Claims against a government entity | Claims for negligence by a State employee or agency go to the North Carolina Industrial Commission under the State Tort Claims Act and generally must be filed within 3 years (2 years from the date of death for wrongful death). Cities and counties have governmental immunity unless it has been waived, for example by buying liability insurance, so check with a licensed attorney. Source: N.C. Gen. Stat. § 143-299 |
| Fault rule | Contributory negligence: If you are even slightly at fault, you generally cannot recover anything. Narrow exceptions exist, such as the 'last clear chance' doctrine and cases where the other driver was grossly negligent. |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $50,000 per person / $100,000 per accident bodily injury; $50,000 property damage |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on compensatory damages in car accident cases. Punitive damages are generally capped at three times compensatory damages or $250,000, whichever is greater (N.C. Gen. Stat. § 1D-25). |
| Reporting a crash | A driver in a 'reportable' crash must notify the police right away by the fastest available means: city police inside a city or town, otherwise the Highway Patrol or sheriff. The investigating officer files the written crash report with the DMV. Reportable crashes generally include any crash with injury or death and those above a set property damage amount. |
Getting your crash report in North Carolina
Individuals cannot order online. Mail or bring form TR-67A with payment to NCDMV (in person at the Raleigh or Huntersville license plate agencies). Allow about 10 business days for mail requests. Individuals receive a redacted copy. You can also ask the police agency that handled the crash. Official request page
Checking a North Carolina lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
1,619 people died in motor vehicle crashes in North Carolina in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›What is contributory negligence, and how does it affect me?
It is a rule that bars recovery if you were even slightly at fault for the crash. North Carolina still follows it, with narrow exceptions such as the last clear chance doctrine (Outlaw v. Johnson, 190 N.C. App. 233 (2008)) and gross negligence by the other driver (Yancey v. Lea, 354 N.C. 48 (2001)).
›Did North Carolina's minimum car insurance go up in 2025?
Yes. For policies issued or renewed on or after July 1, 2025, the minimum is $50,000 per person, $100,000 per accident and $50,000 for property damage (N.C. Gen. Stat. § 20-279.1). Policies issued before that date may still carry the old 30/60/25 limits until renewal.
›How long do I have to file a crash lawsuit in North Carolina?
Generally 3 years for personal injury and vehicle damage (N.C. Gen. Stat. § 1-52(16), (4)). Wrongful death claims generally have 2 years from the date of death (§ 1-53(4)).
›Can I sue a North Carolina city or county after a crash?
Only if its governmental immunity has been waived, for example by buying liability insurance. Claims against a State employee or agency go to the North Carolina Industrial Commission and generally must be filed within 3 years (N.C. Gen. Stat. § 143-299). Ask a licensed attorney about a local government claim.
›Can I order my North Carolina crash report online?
No. Individuals must mail or bring form TR-67A with payment to NCDMV, or visit the Raleigh or Huntersville license plate agencies in person. Allow about 10 business days for mail requests; individuals receive a redacted copy.
Sources
- N.C. Gen. Stat. § 1-52 (NC General Assembly)
- N.C. Gen. Stat. § 143-299 (NC General Assembly)
- N.C. Gen. Stat. § 20-166.1 (NC General Assembly)
- N.C. Gen. Stat. § 1D-25 (NC General Assembly)
- NC Department of Insurance – Changes effective July 1, 2025
- NCDMV – Crash Reports
- UNC School of Government – Fault Lines: Understanding Negligence Doctrines
- NC State Bar – Finding a Lawyer
- NC State Bar – Membership Directory
- IIHS – Fatality statistics, state by state
- N.C. Gen. Stat. § 1-53