Jan152026
Real Estate Q&A Series

What should I do if a commercial truck hits my car and then drives away before stopping? – North Carolina

Short Answer

In North Carolina, treat this as a hit-and-run situation until the truck is clearly identified and documented. The immediate priorities are safety, getting law enforcement involved right away, preserving evidence (dash-cam video, photos, witness info), and promptly notifying the auto insurer so the claim can be handled under the right coverage (including uninsured motorist coverage if the truck cannot be identified). If injuries are uncertain—especially with pre-existing conditions—getting a medical evaluation and documenting symptoms early can protect both health and the claim.

Understanding the Problem

In North Carolina, what happens when a commercial truck hits a passenger vehicle on a highway and keeps driving before stopping, and what steps must be taken to protect the police report, the insurance claim, and any injury claim? The key decision point is whether the truck’s driver and vehicle can be reliably identified and tied to the collision through law enforcement documentation and preserved evidence. The practical issue is that a delay in stopping can create confusion about fault, identity, and insurance coverage, even when video exists.

Apply the Law

North Carolina law requires a driver involved in a crash to stop and remain at the scene in many situations, and it also requires prompt notice to law enforcement for a “reportable” crash. When the other vehicle leaves before exchanging information, the claim often turns on documentation: confirming the truck’s identity, showing contact occurred, and creating a clear record through the investigating agency and the crash report. If the truck cannot be identified, North Carolina’s uninsured motorist rules may apply, but they have specific notice and reporting requirements that can become time-sensitive.

Key Requirements

  • Immediate reporting and documentation: A reportable crash should be promptly reported to the appropriate law enforcement agency, and the investigating officer prepares a written report that later becomes a key document for insurance and any legal claim.
  • Preservation of evidence: Dash-cam footage, photos, witness names, and any identifying details (company markings, trailer number, license plate, USDOT number) should be preserved and shared through the proper channels so the truck can be identified.
  • Timely insurance notice (especially for hit-and-run/UM issues): If the truck’s identity cannot be confirmed, uninsured motorist procedures can require quick reporting to law enforcement and timely notice to the insurer to preserve coverage rights.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a highway collision where a commercial truck allegedly made contact during a merge or lane change and continued driving before eventually stopping, with law enforcement responding and creating a report. That sequence makes the crash report and preserved video especially important because they can connect the truck to the impact and reduce disputes about identity and fault. The dash-cam video and photos support the “preservation of evidence” requirement and can help the insurer and law enforcement confirm the truck’s identifying details. Because injuries are uncertain and there are pre-existing conditions, early medical documentation can help separate what changed after the crash from what existed before.

Process & Timing

  1. Who files: The driver involved in the crash (and/or the insurer) requests the crash report. Where: The investigating law enforcement agency and/or the North Carolina Division of Motor Vehicles (DMV), depending on where the report was forwarded. What: Request a copy of the officer’s crash report (often referenced as the DMV crash report). When: As soon as the report is available; for reportable crashes, the driver must notify law enforcement immediately by the quickest means of communication under North Carolina law.
  2. Insurance claim steps: Provide the insurer with the dash-cam file (original format if possible), photos, the incident report number, and any identifying details for the truck. Ask the adjuster to confirm in writing which coverages are being opened (liability claim against the truck’s insurer if identified; uninsured motorist claim if not identified; collision coverage for repairs if applicable).
  3. Medical and documentation steps: Get a medical evaluation if symptoms appear or worsen, and keep a simple timeline of symptoms and treatment. Save repair estimates, towing/storage invoices, and all communications about repairs and rental vehicles. If diminished value becomes an issue after repairs, keep before-and-after photos and repair records so the claim can be evaluated on documented facts.

Exceptions & Pitfalls

  • Leaving the scene vs. moving to safety: On highways, vehicles may need to move out of travel lanes for safety, but the key is documenting what happened and following officer instructions rather than simply driving away.
  • Overwriting dash-cam footage: Many dash cams loop-record. Saving the original file immediately (and backing it up) can prevent losing the most important evidence.
  • Uninsured motorist technical requirements: When the at-fault driver cannot be identified, insurers often scrutinize whether reporting and notice requirements were met. Keeping proof of the police report, the claim number, and when notice was given can help avoid disputes.
  • Injury uncertainty with pre-existing conditions: Waiting too long to get evaluated can make it harder to show what changed after the crash. A prompt evaluation does not “prove” a claim by itself, but it creates a clearer medical record.
  • Diminished value confusion: A repaired vehicle can still lose market value. The strongest claims usually rely on documentation (repair records, photos, and a clear valuation method) rather than general statements that the vehicle is “worth less now.”

Conclusion

In North Carolina, when a commercial truck hits a car and drives away before stopping, the safest approach is to treat the event as a hit-and-run until the truck is clearly identified through evidence and the crash report. The key steps are immediate law enforcement reporting, preserving dash-cam video and photos, and promptly notifying the insurer so the correct coverage path is protected (including uninsured motorist rules if the truck cannot be identified). The most important next step is to request the crash report and provide the report number and video to the insurer as soon as possible.

Talk to a Real Estate Attorney

If you’re dealing with a commercial truck crash where the truck left before stopping, our firm has experienced attorneys who can help explain options and timelines and coordinate the documentation needed for an insurance claim. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.