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You are driving home after a long shift. You may be on US-15/501 near Carthage or merge onto I-73/74 in Asheboro. Suddenly, you feel the impact. Metal crunches. Your car jerks to the side. By the time you regain control and look up, the other driver is speeding away.
Panic sets in. You work hard for what you have, your car, your health, your paycheck, and in seconds, someone else’s recklessness threatens all of it.
Hit-and-run accidents are frustrating and scary. They also create a complex legal challenge. North Carolina law places specific burdens on you to protect your ability to recover damages. If you miss a step, insurance companies often look for ways to deny your claim.
Here is precisely what you need to do immediately following a crash to stay on the right side of the law and protect your future.
Stop and Call 911 Immediately.
Your first instinct might be to chase the other driver; Do not do this.
Chasing a fleeing vehicle is dangerous. It puts you at risk of a secondary accident or a confrontation with a potentially violent driver. It can also hurt your legal standing.
N.C.G.S. § 20-166 requires any driver involved in a crash to stop immediately and remain at the scene until law enforcement authorizes you to leave. If you go to chase the other driver, you could technically be accused of leaving the scene yourself.
Call 911 right away. Under N.C.G.S. § 20-166.1, you must report any accident that results in injury, death, or property damage of $1,000 or more by the “quickest means of communication.” In most cases, that is a call to the Carthage Police, Asheboro Police, or the State Highway Patrol.
Tell the dispatcher clearly: “I have been involved in a hit-and-run accident.”
Gather Every Scrap of Information.
While you wait for the police, you need to act as your own investigator. The officer was not there when the crash happened. You were. The details you remember right now are vital.
Try to write down or record a voice memo of everything you saw about the fleeing vehicle:
- License plate number (even a partial plate helps)
- Make, model, and color of the car
- Any bumper stickers, dents, or distinguishing marks
- Direction of travel
Look around for witnesses. Did a pedestrian see it? Did another driver stop? Get their names and phone numbers as soon as possible. In North Carolina, having a witness can be the difference between getting your car fixed and paying for it yourself.
Understand North Carolina’s “John Doe” Insurance Rules.
This is where our state laws get tricky. Many people assume their insurance will automatically cover them if the other driver flees the scene. That is not always true.
You will likely need to file a claim under your Uninsured Motorist (UM) coverage. According to N.C.G.S. § 20-279.21, UM coverage helps pay for your bodily injury and property damage when the at-fault driver cannot be found (often called a “John Doe” driver).
However, North Carolina law generally requires a “collision between motor vehicles” to trigger this coverage for an unknown driver.
Look for such issues as:
- Physical Contact is Key: If the other driver hits your car, even slightly, it counts. Look for paint transfer, scuffs, or dents.
- The “Miss-and-Run” Risk: If the other driver ran you off the road without touching your car, your insurance company may try to deny the “John Doe” claim. This is a specific hurdle in North Carolina law that makes legal representation critical.
This is why the police report is non-negotiable. Insurance companies are skeptical of hit-and-run claims filed days later. They often argue about the damage that has happened elsewhere. A police report filed at the scene creates an official record of the event.
Seek Medical Attention Even If You Feel Fine.
Adrenaline is powerful. After a crash, your body goes into “fight or flight” mode. You might not feel the pain from whiplash, back injuries, or internal trauma until hours or even days later.
Go to the emergency room or an urgent care facility. If you wait two weeks to see a doctor, the insurance adjuster will argue your injuries were not caused by the accident. They will say you hurt yourself at work or at home in the time between the crash and the doctor’s visit.
Create a paper trail that links your injuries directly to the accident.
Watch Out for Contributory Negligence.
North Carolina follows a strict legal doctrine known as “contributory negligence.” It is one of the most stringent laws in the country for accident victims.
Under this rule (referenced in statutes like N.C.G.S. § 1-139), if you are found to be even 1% at fault for the accident, you can be barred from receiving any compensation.
In a hit-and-run, the other driver is clearly the bad actor. But insurance companies still try to use this rule against you. They might ask questions like:
- “Could you have swerved to avoid him?”
- “Were you driving a little over the speed limit?”
- “Were you distracted?”
They ask these questions to pin a tiny fraction of blame on you. If they succeed, they do not have to pay you. This is why you should be very careful when talking to insurance adjusters before speaking with an attorney.
We Fight for Hardworking People.
The lawyers at Rowland & Yauger, Attorneys & Counselors at Law, aren’t like other lawyers. Our founding attorneys, Mike Rowland and Brett Yauger, held a variety of jobs before becoming attorneys, including construction, landscaping, and factory work. They understand what it’s like to sweat to make money. They know the value of hard work. They never lose sight of the importance of their clients.
We know that when you are hurt and your car is wrecked, you are worried about providing for your family. We are deeply connected to the Carthage and Asheboro communities, and we take it personally when insurance giants mistreat our neighbors.
With over 650 5-star reviews and more than 60,000 clients served across 25 years of experience, we have the proven track record to handle and manage all aspects of your case.
Don’t let a hit-and-run driver or a stingy insurance company ruin what you have built. Call us today in Carthage at (910) 621-2991 or in Asheboro at (336) 537 -5547; don’t hesitate to put your future and finances in good hands.
