After a car accident in North Carolina, an injured person may file a lawsuit to recover compensation from the driver they believe caused the crash.
That means if you were involved in an accident, you could be sued if someone claims your negligence led to the collision.
Being sued after a car accident can feel overwhelming, but it doesn’t mean you’re out of options.
A lawyer can review the situation, explain what to expect, and work to protect your interests as the case moves forward. Kreger Brodish LLP offers free case evaluations for people facing car accident lawsuits in North Carolina.
Speaking with a lawyer can help you understand your next steps and how to respond to the claim.
What to Do After Being Served Lawsuit Papers in North Carolina
When you receive notice of a car accident lawsuit against you, taking prompt action can protect your rights and help you pursue a car accident lawsuit defense.
Here are the steps to take after getting served with papers in a car accident lawsuit in NC.
Contact an Attorney
A North Carolina attorney who handles car accident claims can help you figure out what to do next.
Notify Your Auto Insurance Company Promptly
Contact your auto liability insurance provider to notify them of the lawsuit. Your insurance policy may give the insurer the right to assume responsibility for the defense in your case.
File a Formal Response (Answer) to the Lawsuit
You have only a few weeks to file an answer with the court to respond to the lawsuit. Your answer will deny the allegations in the complaint and assert legal defenses you may have against the plaintiff’s claims.
Gather and Preserve Important Evidence
Gather and organize any documents or information related to the car accident, such as police crash reports, accident scene photos, dashcam footage, and contact information for witnesses.
Participate in Mediation If Ordered or Offered
In mediation, the parties participate in settlement negotiations overseen by a neutral third party. The mediator’s role is to help the parties understand the strengths and weaknesses of their cases and suggest solutions for a potential settlement.
How Long Do You Have to Respond to a Car Accident Lawsuit in NC?
Under North Carolina’s Rules of Civil Procedure, you typically have 30 days after receiving service of the complaint and summons to serve an answer to respond to the lawsuit.
However, if you successfully move for a more definite statement from the plaintiff or file a motion to dismiss, you have 20 days after receiving a response to file your answer.
Understanding North Carolina’s Contributory Negligence Rule
North Carolina remains one of the few states that still uses the old contributory negligence rule for car accident cases.
Under this rule, a plaintiff cannot recover compensation for a car accident if they bear even the slightest share of fault for the crash. The contributory negligence rule may give you a defense to a car accident lawsuit if the plaintiff’s negligent driving contributed to the accident.
What Damages Could You Be Held Responsible For?
An injured person may seek compensation for various financial and personal losses they sustained from the crash, such as:
- Costs of medical treatment and rehabilitation
- Long-term care expenses
- Lost wages
- Loss of future earning capacity
- Vehicle repair expenses or reimbursement of the value of a totaled vehicle
- Pain and suffering
- Reduced quality of life caused by disabilities or disfigurement/scarring
Possible Defenses to a Car Accident Lawsuit
Examples of defenses you might assert when sued for a car accident in North Carolina include:
- The plaintiff caused the accident or shares fault for causing it
- A third party caused the accident
- The plaintiff filed suit after the expiration of the statute of limitations
- The plaintiff sustained their injuries before the accident (and did not experience any aggravation of those injuries due to the accident)
- The plaintiff failed to present sufficient medical evidence of their injuries
- The plaintiff failed to present sufficient evidence to calculate their losses
Mistakes to Avoid After Being Sued for a Car Accident
As the defendant in a car accident lawsuit, you may face various pitfalls that could jeopardize your case and limit your legal options. Some of the most critical mistakes to avoid include:
- Not filing an answer to the complaint
- Admitting any of the plaintiff’s allegations
- Giving a written or recorded statement to the plaintiff’s insurer
- Not responding to the plaintiff’s discovery requests
- Hiding or destroying relevant documents or evidence
- Not securing legal representation as soon as possible
Frequently Asked Questions
Common questions that people have about getting sued for a car accident in North Carolina include:
Can the Case Be Settled Without Going to Court?
Most car accident claims result in a settlement rather than a verdict after trial. Parties can settle at any point during a case, including before the filing of a lawsuit or while the trial is ongoing.
What Happens If You Ignore a Car Accident Lawsuit?
If you don’t serve an answer to a complaint in a car accident lawsuit, the plaintiff can move for default judgment, which allows the court to enter judgment against you based solely on the allegations in the complaint.
Can You Be Sued If Insurance Already Paid the Claim?
Because North Carolina has a fault-based car accident law, an injured person can file a car accident lawsuit against you even if your insurance company already paid them if they have losses your insurer didn’t compensate.
However, if the party signed a release in connection with the insurance payment, they may have given up any further claim they had against you.
What If the Lawsuit Asks for More Than Your Insurance Coverage?
Should a plaintiff demand a higher amount of compensation than the limits of your insurance coverage, you may become liable to pay the amount of any judgment that exceeds your policy limit.
Will Your Insurance Company Provide a Lawyer?
Auto liability insurance companies can provide an attorney to defend you against a car accident lawsuit. However, legal fees for your defense may come out of your auto liability coverage.
When to Contact a North Carolina Car Accident Lawyer
If you’ve learned you’re being sued after a North Carolina car accident, speak with an attorney as soon as possible. Legal counsel can investigate your case and pursue a case strategy that protects your legal and financial interests.
Contact Kreger Brodish LLP today for a free, confidential consultation with our car accident lawyers to learn more about your options.
