What Should Be Done Immediately Following a Car Accident?

The North Carolina Department of Insurance recommends taking the following steps after a motor vehicle accident has occurred:

• Stop the vehicle in a safe place.
• If needed, move the vehicle from travel lanes to protect against further damage and to keep from blocking traffic.
• Call the police, especially if injuries are present or the accident is the result of a hit-and-run.
• Stay with the vehicle, even as a passenger, until law enforcement says otherwise.
• Get the contact information of other involved drivers, including name, address, phone number, license plate number, driver’s license number, and insurance information.
• Document the insurance company’s name and the other driver’s policy number exactly as they appear on the insurance card.
• Get the contact information of any witnesses, including names, addresses, and phone numbers.

How Does Insurance Coverage Work For Injured Passengers?

North Carolina utilizes three types of primary insurance coverage for personal injury claims:

• North Carolina law requires all drivers to carry bodily injury coverage with minimum policy limits of $30,000 per person and $60,000 per vehicle. In contrast, some drivers may choose to have coverage with a higher policy limit.
• All auto insurance policies must include uninsured motorist coverage, which covers injuries inflicted by drivers who fail to carry insurance.
• Drivers may also buy additional insurance called underinsured motorist coverage, which helps cover funds not met by the at-fault driver’s insurance.

Underinsured and uninsured motorist coverage applies to all drivers operating a vehicle within the state and their passengers. In addition to the driver’s coverage, the passenger’s personal underinsured and uninsured motorist coverage may also “stack” with the drivers to cover the passenger. Insurance will only be “stacked” after the driver’s coverage has paid up to the policy limits.

What are the Rights of a Passenger Who is Involved in a Collision?

North Carolina requires passengers to carry Bodily Injury Liability and Property Damage Liability Insurance in order to receive a vehicle registration. Because passengers are required to seek insurance coverage from a liability policy following an accident, they should be aware of the following rights:

• Right to information from drivers: Passengers involved in a collision have the right to request contact information from other drivers involved. This information includes names, addresses, vehicle registration numbers, driver’s license numbers, and insurance information. If a driver refuses to provide this information, then it can be obtained from the officer working the accident.
• Right to receive emergency medical assistance: Injured passengers have a right to transportation to a hospital or a doctor for necessary medical treatment. Passengers who do not require emergency medical attention should still have a medical assessment due to the risk of internal injuries that do not appear for several days. A medical evaluation will provide the passenger with important documentation if they decide to file a claim later.
• Right to a copy of the accident report: Passengers have the right to a copy of the police report and can ask the attending officer when the report will be ready and how to obtain one.
• Right to refuse to make a statement to insurers: Passengers are not required to give recorded statements to the insurance agents representing any of the drivers. Passengers are only required to share contact information with law enforcement for the police report. Before talking to anyone, especially insurance adjusters, an injury attorney should be consulted.
• Right to file a claim with appropriate insurance policies: Injured passengers can demand compensation for injuries and other expenses from any at-fault driver’s insurance. Typically, if the driver’s insurance of the vehicle that the passenger was in will cover medical bills, then that insurance will also cover passengers, regardless of fault.
• Right to file a civil lawsuit against liable parties: An injured passenger has the right to file a personal injury claim against an at-fault driver if the driver’s insurance company refuses to pay fair compensation.

How is Liability Determined in a Car Accident?

To prove negligence in personal injury claims, the following elements must be demonstrated:

• Duty: The driver had a duty to maintain a reasonable expectation of safety while driving.
• Breach of duty: The driver failed to uphold this expectation of safety by acting carelessly or recklessly.
• Injury: The injuries sustained in the accident were directly caused by the breach of duty.

Joint and Several Negligence

It is possible for multiple parties may share fault for an accident. When this occurs, each liable party is jointly responsible for all of the passenger’s injuries. This stipulation is especially important when one at-fault party has less insurance coverage or personal assets to compensate for injuries.

Contributory Negligence

North Carolina recognizes the legal doctrine of contributory negligence, which can significantly impact a passenger’s ability to recover compensation. If a passenger is found to have contributed to the accident, they may be barred from receiving any compensation.

Although the scenarios where a passenger contributes to an accident are limited, it is still a factor. A common scenario involves an intoxicated driver and the passenger knowingly riding in the vehicle. This leaves the passenger partially at fault for sustained injuries.

What Compensation Can be Recovered?

Recoverable compensation will vary depending on the specific circumstances of each case. Possible compensation as a passenger includes the following:

• Medical expenses to date
• Future and ongoing medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Loss of consortium
• Wrongful death

Do I Need an Attorney?

If you or a loved one has been injured as a passenger, you should enlist the guidance of a skilled personal injury attorney to help you navigate this legal process today. Call O’Malley Tunstall PLLC at 919-277-0150. or fill out a contact form for a free consultation.