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Last Modified on Jan 30, 2026
Can you still bring a claim if you were a passenger in a car accident in North Carolina? The short answer is yes. If you are involved in a car accident as a passenger, there are legal options to seek compensation for injuries sustained or property that was damaged.
Hire a Car Accident Lawyer
Car accidents can happen suddenly. Passengers can be seriously injured during car accidents and have legal rights to seek compensation for damages suffered. When you hire a car accident lawyer from Butler, Quinn & Hochman, PLLC, we can help you recover compensation for those damages.
Car Accidents in North Carolina
The North Carolina Division of Motor Vehicles releases traffic crash facts each year. In 2023, a total of 284,157 traffic crashes occurred in North Carolina. Of those crashes:
- 1,324 caused fatalities
- 1,442 total fatalities occurred
- 268 passenger fatalities
- 80,653 caused injuries
- 125,454 total injuries occurred
When claims brought by passengers can’t be settled through negotiations, it may be necessary to file a civil claim in court. Small claims courts are part of the district court and handle lower-value disputes. Higher-value claims are handled in either district or superior courts.
Steps to Take After a Car Accident as a Passenger
Your first priority after a car accident should always be your own safety and the safety of the other people involved in the accident. Once you are safe, there are some steps you should follow that can help you later, such as:
- Notify law enforcement and obtain a copy of the police report.
- Exchange personal and insurance information with the drivers of any vehicles involved in the accident.
- Collect the contact information of any witnesses at the scene.
- Seek medical attention as soon as you can.
- Keep all documents and receipts of expenses related to the accident.
- File claims with any relevant insurance companies.
- Hire a car accident attorney to represent your interests.
- Allow your attorney to negotiate on your behalf to secure a fair settlement.
What Makes a Fair Settlement After a Car Accident?
Car accidents can have life-changing consequences for passengers. Passengers can experience injuries and damaged property in a situation they had little or no control over. The at-fault party is responsible for compensating those damages.
Passengers are very rarely found liable in a car accident. As such, passengers can seek compensation from any party that is found liable, even if the driver of the car they were riding in is found liable. Common types of compensation include:
- Economic damages for tangible expenses incurred because of the accident. Economic damages often include medical expenses, lost wages, and the cost to repair or replace damaged property.
- Non-economic damages cover intangible expenses like pain and suffering experienced as a result of the accident. Permanent disability or disfigurement, loss of life enjoyment, and emotional distress can also be compensated.
- Punitive damages are rarely awarded but can be in situations where the at-fault party engaged in illegal behavior that caused the accident. The award is designed to punish the at-fault party and discourage similar behavior.
FAQs
Does Being a Passenger in an Accident Affect Your Insurance?
In general, your insurance is not affected when you are involved in an accident as a passenger. The only exception is if you are found to have contributed to the accident in some way.
As a passenger, you can seek compensation for your damages from the insurance company of the at-fault driver. If you are a passenger in a rideshare, the rideshare company should have commercial insurance policies that cover your damages.
Is North Carolina a Fault-Based State for Car Accidents?
Yes, North Carolina is a fault-based state for car accidents. North Carolina follows a strict contributory negligence model when assigning fault for a car accident. If you are even slightly liable for the accident, you are barred from seeking compensation from the other driver.
Passengers have an easier time proving they are not liable for an accident than drivers. The passenger can then seek compensation from the at-fault driver’s insurance company.
How Much Money Can I Get for Being a Passenger in a Car Accident?
The amount of compensation for a passenger following a car accident depends on the severity of injuries received and the value of any damaged property. The settlement you are offered should take into consideration both economic and non-economic damages suffered.
Considerations such as liability and insurance payout limits can affect the final settlement amount. Since North Carolina is a contributory negligence state, if there is evidence that you contributed to the accident, your involvement could prevent you from receiving compensation.
What Kind of Attorney Can Help After a Car Accident in North Carolina?
After a car accident, a North Carolina car accident attorney can help you negotiate or file a claim to receive fair compensation for your damages. A car accident attorney is a specific type of personal injury attorney who has experience representing car accident victims.
Personal injury attorneys can communicate with the insurance company of the at-fault party in the accident to secure fair compensation for any injuries or property damage you suffered in the accident.
What Is the Statute of Limitations on a Car Accident Claim in North Carolina?
The statute of limitations for filing a personal injury claim after a car accident in North Carolina is three years. However, the longer you wait to file a claim, the harder it becomes to reach a fair settlement agreement through negotiations or in court.
When filing a claim, especially if litigation is required, you need strong evidence that proves who caused the accident. As time passes, it becomes more difficult to find evidence and collect witness statements.
Contact Butler, Quinn & Hochman, PLLC
Passengers are not immune to suffering losses during a car accident. Car accident laws can be especially confusing for passengers who may be unsure of who is liable to cover their damages after a car accident.
Even if the driver of the car you were in is at fault, you can seek compensation to cover your medical expenses or to repair or replace damaged property. Contact Butler, Quinn & Hochman, PLLC, today to schedule your initial consultation.
