A car accident can disrupt your day without warning. Whether the collision happens on the Durham Freeway, Interstate 85, or a road near downtown Durham, you may suddenly face injuries, vehicle damage, and questions about insurance.
Knowing what to do after a car accident in Durham can help you make informed decisions during a stressful situation. Your immediate priorities should include checking for injuries, getting to safety, notifying law enforcement when required, and documenting the accident.
After you leave the scene, medical care, insurance communication, and recordkeeping become important. This guide outlines ten practical steps after a Durham car accident, including North Carolina's reporting requirements, insurance rules, and deadlines for personal injury claims.
Quick Checklist: What to Do After a Durham Car Accident
Use this checklist to organize your next steps.
The following steps explain each action and why it may matter.
Step 1: Check for Injuries and Move to Safety
Immediately after a collision, check yourself and your passengers for injuries. Call 911 if anyone needs emergency medical attention. Tell the dispatcher your location, any visible injuries, and immediate hazards.
Avoid moving someone who may have a serious neck, back, or spinal injury unless an immediate danger makes movement necessary. Follow emergency dispatchers' instructions when available.
If the collision leaves your vehicle in an active traffic lane, determine whether you can move it safely. North Carolina law addresses when drivers must move vehicles following certain crashes. The appropriate action depends on the accident, injuries, vehicle condition, and surrounding traffic.
Do not move a vehicle if doing so would create another danger. On busy Durham roads such as NC 147 or US 15-501, staying near moving traffic can increase your risk. Turn on your hazard lights when appropriate and follow directions from responding officers.
Step 2: Call the Police and Report the Accident
North Carolina requires drivers to notify the appropriate law enforcement agency immediately after a reportable accident. Under N.C. Gen. Stat. §§ 20-4.01 and 20-166.1, a reportable crash generally involves:
- Injury or death
- Total property damage of $1,000 or more
- Certain additional circumstances involving vehicles subject to statutory seizure
Even when you cannot determine the damage amount, contacting law enforcement can help you understand the appropriate next steps.
Which Agency Responds in Durham?
The responding agency depends on where the collision occurs and the agency's jurisdiction. Durham Police Department may handle accidents within city limits. The Durham County Sheriff's Office or North Carolina State Highway Patrol may respond in other parts of the county, depending on jurisdiction.
When you call 911, the dispatcher can direct the appropriate emergency response. Before leaving the scene, ask the responding officer how to obtain the crash report and whether a report number is available.
The officer's name, agency, and identifying report information may help you locate the document later.
What If the Other Driver Leaves?
Do not chase a driver who leaves the accident scene. Instead, share any identifying details with law enforcement, including the vehicle description, license plate information, and direction of travel. Preserve photographs or witness information when available. Depending on the circumstances and your insurance policy, uninsured motorist coverage may protect certain hit-and-run accidents.
Step 3: Exchange Information With the Other Driver
North Carolina law requires drivers involved in applicable crashes to stop and provide specified identifying information. When you can safely communicate with the other driver, obtain the information relevant to the collision.
This may include:
- Full name and contact information
- Driver's license information
- License plate number
- Vehicle make and model
- Insurance company and policy information
Provide the required information about yourself as well. If the other driver refuses to cooperate or behaves aggressively, avoid confrontation and ask law enforcement for help.
Avoid Speculating About Fault
You may not know exactly how the accident happened right after it happened. Describe what you observed without guessing about vehicle speeds, distances, or the other driver's actions.
North Carolina's contributory negligence rule can affect personal injury recovery when an injured person's own negligence proximately contributes to the injury. However, fault depends on the evidence. A polite expression of concern does not automatically establish legal responsibility.
For more information, review Anglin Law Firm's North Carolina personal injury FAQ.
Step 4: Photograph the Scene and Collect Evidence
Photographs and witness information can help establish what happened during a collision. If your condition and surroundings allow, document the scene before vehicles leave or conditions change.
Photograph:
- Damage to each involved vehicle
- Vehicle positions when safe and possible
- Traffic lights, signs, and lane markings
- Road conditions, debris, and visible tire marks
- Visible injuries
- Nearby surroundings relevant to the accident
Avoid stepping into traffic or creating additional safety risks to obtain photographs.
Identify Witnesses
Someone who saw the collision may provide information that neither driver noticed. Ask willing witnesses for their names and contact details. If they voluntarily describe what happened, write down their observations accurately rather than suggesting what they should say.
Nearby businesses may also have cameras that captured relevant events. Because surveillance systems may overwrite recordings, identifying possible video sources early can help preserve useful evidence.
Step 5: Seek Appropriate Medical Care
Your health should remain the priority after a Durham car accident. Some injuries cause immediate symptoms, while others become more apparent later.
Neck pain, headaches, dizziness, back pain, or changes in movement may require medical evaluation. Seek emergency treatment for symptoms that suggest a serious injury. Otherwise, contact an appropriate healthcare professional promptly for guidance.
Explain Your Symptoms Accurately
Tell the medical professional when the accident occurred and describe your symptoms. Mention symptoms that developed after the crash, including new pain or changes in everyday activities.
Follow appropriate medical recommendations and retain your treatment documentation. Medical records can help establish the nature and timing of your injuries.
However, receiving treatment immediately does not automatically prove that the collision caused every medical condition. Likewise, a delay in treatment does not necessarily mean that an injury is unrelated to the crash. An insurer or medical professional may examine the full circumstances when evaluating causation.
Step 6: Notify Your Insurance Company
After addressing urgent medical and safety concerns, contact your automobile insurance company. Insurance policies commonly contain notice and cooperation requirements.
Review your policy and report the accident within the applicable timeframe. Provide accurate information, including the date, location, vehicles involved, and available police report details. Avoid guessing about matters you cannot confirm.
What If the Other Driver's Insurer Contacts You?
The other driver's insurer may request an account of the accident or ask you to give a recorded statement. Before agreeing to an optional statement, consider whether you understand the circumstances and your legal options.
Your duties to another party's insurance company can differ from your contractual obligations to your own insurer. Do not ignore legitimate requests from your own insurer without reviewing the applicable policy requirements.
Understand Your Insurance Coverage
North Carolina increased its minimum automobile liability coverage requirements for policies issued or renewed on or after July 1, 2025.
The minimum limits became:
North Carolina also changed requirements for uninsured and underinsured motorist coverage. Uninsured motorist coverage may apply when an at-fault driver lacks qualifying insurance. Underinsured motorist coverage may provide additional benefits if you meet the applicable requirements.
Medical payments coverage and rental reimbursement may also help when your policy includes them. Actual benefits depend on policy terms and North Carolina insurance law.
Step 7: Request Your Durham Car Accident Report
A crash report can provide important information about the vehicles, drivers, roadway conditions, and investigating agency. North Carolina law enforcement officers document reportable crashes using the state's designated reporting system.
How to Obtain a Crash Report
You may request a report from the investigating agency or through the North Carolina Division of Motor Vehicles. The NCDMV crash report page explains the process.
Individuals involved in a crash can request a redacted copy by mail or in person. NCDMV uses Form TR-67A for these requests.
Mailed requests generally require processing time, and NCDMV advises allowing approximately ten business days after receipt. Follow the agency's current instructions regarding identification, payment, and submission requirements.
Review the Report for Errors
After receiving the report, review the factual details. Check the date, location, vehicle descriptions, and other information relevant to your accident.
If you identify an error, contact the investigating agency to ask about its correction procedure. A crash report may provide valuable evidence, but it does not automatically determine civil liability.
Step 8: Keep Records of Expenses and Recovery
Organized records can help you understand the financial and personal effects of a collision. Create a folder for accident-related documents, either digitally or on paper.
Keep copies of:
- Medical bills and treatment records
- Prescription and therapy expenses
- Repair estimates and vehicle photographs
- Rental car and transportation receipts
- Employment records documenting missed work
- Insurance letters and claim communications
You may also keep brief notes describing symptoms and how injuries affect your normal activities. Be accurate and consistent rather than trying to predict what an insurer or attorney expects.
What About Vehicle Damage?
When practical, obtain repair estimates and preserve photographs before repairs begin. You may also need to document towing expenses, temporary transportation costs, or other vehicle-related losses.
Some North Carolina property damage claims may involve diminished value when the evidence supports a reduction in a vehicle's market value after repairs. Diminished value is not automatic. Eligibility and the amount of any recovery depend on the circumstances.
Step 9: Understand North Carolina's Fault Rules and Deadlines
North Carolina's contributory negligence rule can significantly affect an injury claim. When an injured person's own negligence proximately contributed to the injury, the rule may bar recovery, subject to applicable legal exceptions and doctrines.
An insurer's allegation of fault does not automatically establish contributory negligence. Photographs, witness statements, roadway conditions, and other evidence may help clarify responsibility.
How Long Do You Have to File a Lawsuit?
Under N.C. Gen. Stat. § 1-52, North Carolina generally provides three years for negligence-based personal injury lawsuits.
Wrongful death claims generally carry a two-year deadline from the date of death. Exceptions, accrual rules, and special requirements may affect particular claims.
These deadlines apply to lawsuits, not necessarily to insurance notification or claim procedures. Do not assume that communicating with an insurance company extends the time available to file suit.
Step 10: Consider Speaking With a Durham Car Accident Lawyer
Not every minor car accident requires legal representation. However, legal guidance may help if your injuries require ongoing treatment, you miss work, the insurer disputes fault, or the available coverage raises questions.
An attorney can review accident records, evaluate potential claims, and explain applicable deadlines.
Questions to Ask During a Consultation
Before deciding whether to hire an attorney, consider asking:
- What information would help you evaluate my accident?
- How might contributory negligence affect my situation?
- What insurance coverage should I review?
- How do attorney fees and case expenses work?
- What should I expect during the claims process?
Understanding these issues can help you decide what assistance you need.
How Anglin Law Firm Helps Durham Accident Victims
Anglin Law Firm represents injured people in Raleigh, Durham, and other North Carolina communities.
Chris Anglin has more than 15 years of legal experience and focuses his practice on personal injury cases, including motor vehicle accidents.
The firm helps injured people understand their options and navigate the legal process. If a collision injured you, you can discuss your situation with a Car Accident Lawyer in Durham at Anglin Law Firm.
The firm offers free, no-obligation consultations and represents personal injury cases on a contingency-fee basis. It can explain attorney fees and case-related expenses before you agree to representation.
Contact Anglin Law Firm or call 919-803-1516 to learn more.
Frequently Asked Questions
1. What should I do immediately after a car accident in Durham?
Check for injuries, get to safety, and call emergency services if needed. Exchange required information, document the accident when safe, and seek appropriate medical care.
2. When must I report a car accident to the police in North Carolina?
North Carolina requires immediate notification of reportable crashes. These generally include accidents involving injury, death, or total property damage of at least $1,000, plus certain other circumstances.
3. How can I get my Durham car accident report?
Contact the investigating agency or request a redacted copy through NCDMV. Individuals can use Form TR-67A to request records by mail or in person.
4. What if the other driver does not have insurance?
Your uninsured motorist coverage may provide protection when an at-fault driver lacks applicable liability insurance. Coverage depends on your policy and the accident circumstances.
5. How long do I have to file a car accident lawsuit in Durham?
North Carolina generally allows three years to file negligence-based personal injury lawsuits. Exceptions and separate requirements may apply, so reviewing your circumstances early can help protect your legal options.
