Short Answer

In North Carolina, you can recover lost wages if the crash or your injuries kept you from working, and you can recover “loss of use” of your vehicle measured by the reasonable rental value for a reasonable repair period. Time spent personally dealing with insurers is usually not paid as an hourly item. If delays extend repair time beyond rental coverage, the at-fault driver still owes reasonable loss-of-use damages.

Understanding the Problem

In North Carolina personal injury cases, can you get paid for lost time and earnings when insurance delays drag out repairs and rentals? Here, you were rear-ended by a truck, your new electric vehicle needs imported parts, repairs will take months, and the at-fault insurer has limited rental support.

Apply the Law

North Carolina allows recovery of crash-related economic losses that were reasonably caused by the collision and proven with records. That includes lost wages when injuries or the lack of transportation prevent work, and loss-of-use of a damaged vehicle for a reasonable time. Loss-of-use is measured by the reasonable rental value, even if you did not actually rent a car. Routine “time and hassle” spent dealing with claims is generally not a stand-alone damage category. If an insurer’s settlement conduct crosses into unfair practices, separate consumer-protection remedies may apply, but those depend on the role of each party and specific facts. Claims are typically pursued with the at-fault driver (and their insurer), and suits are filed in District or Superior Court depending on the amount at stake. A three-year filing deadline generally applies to negligence/property-damage claims.

Key Requirements

• Causation: Show the crash (or resultant lack of transportation) caused your missed work or business losses, not just claim-handling inconvenience.
• Proof of earnings loss: Use pay stubs, employer letters, schedules, tax returns, or comparable records (for self-employed, profit-and-loss and booking logs).
• Loss-of-use measure: Reasonable rental value for a reasonable repair period; the at-fault party remains liable even if your rental coverage runs out.
• Reasonableness of time: Repair time may include parts delays outside your control; document shop estimates and parts backorders.
• Mitigation: Act reasonably to limit losses (e.g., obtain comparable transportation when feasible).
• Deadlines: Most negligence and property-damage claims must be filed within three years; some business-practice claims have different time limits.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for negligence/property damage) – Most injury and vehicle damage claims must be filed within three years.
• North Carolina Gen. Stat. § 75-1.1 (Unfair or deceptive acts or practices) – Prohibits unfair or deceptive acts in or affecting commerce; remedies depend on parties and facts.
• North Carolina Gen. Stat. § 75-16.2 (Four-year limit for UDTP claims) – Sets a four-year filing limit for certain unfair trade claims.

Analysis

Apply the Rule to the Facts: Your missed time must tie to injury or inability to use your vehicle. Neck pain and anxiety may support some wage loss if they caused missed work and are documented. Because your EV repairs are delayed by parts, you can claim loss-of-use for the reasonable repair period, measured by rental value, even after rental coverage ends. Time spent arguing with insurers is generally not paid as an hourly “hassle” item.

Process & Timing

1. Who files: You (or your attorney). Where: Start with the at-fault driver’s insurer; if unresolved, file a civil complaint with the Clerk of Superior Court in the county where the crash occurred or the defendant resides. What: Civil Summons (AOC-CV-100) and Complaint stating lost wages and loss-of-use. When: File suit within three years of the crash for negligence/property damage.
2. Exchange documents (pay records, repair orders, rental quotes), negotiate, and consider mediation. Timelines vary by county and case complexity.
3. Resolve by settlement or trial. A judgment or settlement can include lost wages and loss-of-use, plus other proven damages.

Exceptions & Pitfalls

• “Hassle time” is usually not compensable; frame transportation-related losses as loss-of-use with rental-value proof.
• Rental policy limits do not cap the at-fault party’s loss-of-use obligation; keep repair and parts-delay documentation.
• North Carolina’s contributory negligence rule can bar recovery if you were also negligent; keep liability clear and well-documented.
• Self-employed claimants need strong records (invoices, calendars, bank statements) to support lost earnings.
• Direct lawsuits against the at-fault insurer are limited; typically, you sue the at-fault driver. Remedies for unfair settlement practices depend on roles and specific facts.

Talk to a Personal Injury Attorney

If you’re dealing with lost wages and months without your car because insurers won’t step up, our firm has experienced attorneys who can help you understand your options and timelines. 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.