Who would pay my claim in a passenger accident—the driver’s insurance or the other driver’s insurance? – North Carolina

Short Answer

In North Carolina, a passenger injury claim is usually paid by the liability insurance of the driver who caused the crash—whether that is the driver of the car the passenger was riding in, the other driver, or both.

If the at-fault driver does not have enough insurance (or has none), a passenger may also be able to use uninsured/underinsured motorist (UM/UIM) coverage that applies to the passenger as an “insured” under a policy.

Understanding the Problem

In a North Carolina head-on collision, can an injured passenger recover compensation from the driver of the vehicle the passenger was riding in, from the other driver, or from both, and which insurance policy is supposed to pay?

Apply the Law

North Carolina uses a fault-based system for injury claims from car crashes. That means the starting point is identifying which driver’s negligence caused the collision. The at-fault driver’s bodily injury liability coverage is typically the first source of payment for a passenger’s claim. If more than one driver shares fault, more than one liability policy may be involved.

Separately, North Carolina requires auto policies to include uninsured motorist (UM) coverage and generally requires underinsured motorist (UIM) coverage as well. These coverages can apply to a passenger when the at-fault driver is uninsured, is a hit-and-run, or does not have enough liability insurance to fully cover the injuries.

Key Requirements

• Fault (who caused the crash): The claim is usually paid by the liability insurer for the driver who was negligent (the driver of the passenger’s car, the other driver, or both).
• Coverage that applies to the passenger: A passenger may qualify as an “insured” under UM/UIM coverage on the vehicle involved and sometimes under other policies (depending on the policy language and household relationships).
• Limits and exhaustion: Liability coverage is typically pursued first; UIM generally comes into play after applicable liability coverage is exhausted by settlement or judgment.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM requirements) – Sets required liability limits and describes required uninsured motorist coverage and underinsured motorist coverage rules.

Analysis

Apply the Rule to the Facts: The facts describe a front-seat passenger injured in a head-on collision with a same-day hospital visit and reported loss of consciousness. In that situation, the key insurance question is which driver caused the head-on impact (crossing the center line, unsafe passing, failure to keep a proper lookout, or similar conduct). If the other driver caused the collision, the other driver’s liability insurance is typically the primary source of payment; if the driver of the passenger’s vehicle caused it, that driver’s liability insurance is typically primary; if both share fault, both policies may contribute.

Process & Timing

1. Who files: The injured passenger (or the passenger’s attorney) makes a bodily injury claim. Where: With the at-fault driver’s auto liability insurer(s) and, if needed, with any applicable UM/UIM insurer. What: A claim package typically includes the crash report, medical records and bills, proof of lost income (if any), and documentation connecting the injuries to the crash. When: As soon as practical after medical stabilization; deadlines can apply if a lawsuit becomes necessary.
2. Investigation and coverage review: The insurers evaluate fault, injuries, and available coverages (including whether the passenger qualifies as an insured under UM/UIM and whether liability limits are enough).
3. Resolution: The claim may resolve by settlement; if it does not, a lawsuit may be needed to establish fault and damages, and UM/UIM procedures can add notice and timing requirements.

Exceptions & Pitfalls

• More than one at-fault driver: In a head-on crash, liability is not always “one driver only.” Evidence can support shared fault, which can change which insurer pays and how much.
• UM/UIM timing and settlement traps: UIM often depends on exhausting liability coverage, and settling with a liability insurer without handling required UM/UIM notices can jeopardize access to UIM benefits.
• Gaps in medical documentation: A same-day ER visit without imaging and no follow-up care can make it harder to prove the nature and cause of injuries. Prompt follow-up and complete records often matter as much as the crash facts.

For more background on how passenger claims are commonly handled, see how being a passenger affects who pays and, for delayed symptoms and documentation issues, what to do if pain shows up days or weeks later.

Conclusion

In North Carolina, a passenger’s injury claim is usually paid by the bodily injury liability insurance of the driver who caused the crash—either the driver of the passenger’s vehicle, the other driver, or both if fault is shared. If the at-fault driver has no insurance or not enough insurance, UM/UIM coverage may also apply under N.C. law. The practical next step is to open claims with the potentially responsible liability insurer(s) and preserve any UM/UIM rights before any settlement is finalized.

Talk to a Wrongful Death Attorney

If you’re dealing with injuries as a passenger after a serious crash and need to figure out which insurance policies may apply and what timelines matter, 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.