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North Carolina Is An At-Fault State. What Does That Mean?

August 4, 2019

What the Mean of North Carolina is an at-fault state?

Facing the outcome of a car accident can be extremely difficult and overwhelming. This is especially true for car accident victims who must deal with a devastating injury. Despite being a stressful situation, dealing with insurance companies is necessary to receive coverage. But will you automatically receive coverage from your insurance company? Who’s in charge of paying for your injuries and losses? The Charlotte car accident lawyers at Dewey, Ramsay, & Hunt explain more about these critical questions for survivors of car crashes in North Carolina.

At-Fault Insurance Claims vs. No-Fault Insurance Claims

All states have their own system to determine fault for insurance purposes. Most states work under an at-fault system. Under an at-fault system, the person who causes a car accident is responsible for injuries, property damage, pain, suffering, and other losses. This means the at-fault driver’s insurance company will be responsible for compensating the accident victim for his or her injuries.

In a no-fault state, you can file a claim directly with your insurance company. This means your insurance company will provide coverage for injuries such as brain injuries and back injuries regardless of who was responsible for the crash.

The difference between both systems is that in an at-fault system, the car accident victim can pursue different routes to obtain compensation. However, they have to prove the defendant is liable for the accident. In a no-fault system, the injury victim can file a claim with their insurance company. However, their insurance will not always cover things like pain and suffering. An injury victim can receive compensation for pain and suffering only if their injuries are deemed severe, and their medical expenses exceed a specific threshold. Therefore, an injury victim can obtain compensation by filing a personal injury lawsuit against the at-fault driver.

Is North Carolina a No-Fault State for Insurance Purposes?

North Carolina is an at-fault state. This means the at-fault party’s insurance policy will cover things like your medical expenses and damage to your vehicle. Under state law, all drivers are required to buy the following minimum liability car insurance coverage:

  • $30,000 for bodily injury per person injured.
  • $60,000 for bodily harm for two or more injured victims.
  • $25,000 for property damage.

Keep in mind the minimum insurance coverage is limited to the amounts mentioned above. It is essential to understand you have the right to buy an insurance policy providing higher coverage.

All states commonly consider one of three different types of negligence to determine fault and award compensation after a car accident. The three types of negligence are called contributory negligence, comparative negligence, and modified comparative negligence.

Charlotte Car Accident Attorneys Offering Free Consultations

If you or a loved one was injured in a car accident, you should contact an experienced Charlotte personal injury attorney. The law firm of Dewey, Ramsay, & Hunt has over three decades of combined experience allowing us to offer diligent, strategic, and aggressive legal representation. To schedule a free consultation with one of our skilled and knowledgeable attorneys, call our law offices today at (704) 377-3737.