Hit by an Out-of-State Driver in NC

The Bottom Line

If an out-of-state driver hits you in North Carolina, NC law applies to your accident, regardless of where the other driver is from. The claims process is mostly the same as with a NC driver, but there are important complications -- particularly around insurance coverage limits, which vary significantly by state, and the process for filing a lawsuit if one becomes necessary.

NC Law Applies When the Accident Happens Here

This is the most fundamental point: the state where the accident occurs determines which laws govern the case. If you are hit by a driver from Florida, South Carolina, Virginia, or any other state while you are on a NC road, North Carolina law controls.

That means:

• NC's contributory negligence rule applies -- even if the other driver is from a comparative negligence state, the NC rule governs your ability to recover
• NC's statute of limitations applies -- you have 3 years to file a personal injury lawsuit
• NC's at-fault insurance system applies -- you file a claim against the at-fault driver's insurance, not your own
• NC traffic laws determine fault -- red light laws, speed limits, right-of-way rules, and all other traffic regulations are NC rules

Insurance Complications With Out-of-State Policies

This is where things get more complicated. While NC law governs the accident itself, the other driver's insurance policy is from their home state -- and that state may have very different minimum coverage requirements.

The Coverage Gap Problem

As of October 2025, North Carolina requires minimum liability coverage of 50/100/50 -- meaning $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $50,000 for property damage. These are among the higher minimums in the country.

Many states require far less:

What Happens When Their Coverage Is Not Enough

If the out-of-state driver's insurance is insufficient to cover your damages, you have several options:

1. File a UM/UIM claim with your own insurer. This is often the most practical solution. North Carolina requires uninsured/underinsured motorist (UM/UIM) coverage on every auto policy. If the at-fault driver's insurance falls short, your own UIM coverage can fill the gap.

2. Pursue the driver personally for the excess. If your damages exceed their policy limits, you can pursue a claim or lawsuit against the driver individually for the remaining amount. However, this only works if the driver has personal assets to collect from -- which many minimum-coverage drivers do not.

3. Check for other applicable policies. If the out-of-state driver was operating a rental car, a work vehicle, or a vehicle owned by someone else, there may be additional insurance policies that apply.

Filing a Claim Against an Out-of-State Driver's Insurance

The basic claims process is the same whether the other driver is from NC or another state:

1. Get their insurance information at the scene -- company name, policy number, and the driver's contact information. If possible, photograph their insurance card and driver's license
2. File a claim with their insurance company -- call the insurer directly and report the accident. You do not need to go through your own insurer unless you are filing a UM/UIM claim
3. Document everything -- police reports, medical records, photos, witness statements. The same documentation standards apply regardless of where the other driver is from

One potential complication: If the out-of-state driver's insurance company is a smaller regional insurer that does not have adjusters in NC, the process may take longer. They may need to hire an independent adjuster to inspect your vehicle or investigate the accident, which can add delays.

What If a Lawsuit Is Needed

Most car accident claims in NC settle without a lawsuit. But if you cannot reach a fair settlement with the out-of-state driver's insurance company, you may need to file suit. Here is where the out-of-state element creates some specific legal considerations.

You Can Sue in NC Courts

North Carolina's long-arm statute gives NC courts jurisdiction over an out-of-state driver who caused an accident in the state. You do not need to go to the other driver's home state to file your lawsuit.

Serving Process on an Out-of-State Defendant

In a typical NC lawsuit, the defendant is served with legal papers in person. With an out-of-state defendant, service can be accomplished through NC's nonresident motorist statute (N.C. Gen. Stat. 1-105). Under this law:

• The NC Commissioner of Motor Vehicles is designated as the agent for service of process for any nonresident driver involved in an accident in NC
• You serve the Commissioner, who then forwards the papers to the out-of-state driver
• This gives NC courts proper jurisdiction over the out-of-state defendant

Practical Considerations

Even though you can sue in NC, there are practical realities to consider:

• The other driver may not appear in court. If they ignore the lawsuit, you may be able to get a default judgment. Collecting on that judgment across state lines can be more complicated but is generally possible
• Depositions may require travel or virtual arrangements. If the other driver's testimony is needed, it may need to be taken in their home state or via video
• An attorney experienced with out-of-state defendants is helpful. The mechanics of cross-state litigation add complexity that an experienced NC personal injury attorney can navigate

Steps to Take After Being Hit by an Out-of-State Driver

1. Call the police -- a police report is especially important when the other driver is from out of state, as it creates an official record that ties them to the accident in NC
2. Collect their information thoroughly -- license plate, driver's license, insurance card, phone number, home address. Photograph everything
3. Document the scene -- photos, video, witness contact information
4. Get medical attention -- same as any accident. Do not delay
5. File a claim with their insurance company -- call their insurer directly
6. Review your own UM/UIM coverage -- understand your policy so you know what backup coverage you have if their limits are insufficient
7. Do not give a recorded statement to their insurer without legal advice -- NC's contributory negligence rule means every word matters

Frequently Asked Questions

Frequently Asked Questions

Which state's laws apply if an out-of-state driver hits me in North Carolina?▾

North Carolina law applies. When an accident occurs in NC, NC's traffic laws, fault rules, and legal procedures govern the case -- regardless of where the other driver is from. This means NC's contributory negligence rule, statute of limitations, and insurance requirements all apply.

What if the out-of-state driver has lower insurance minimums than NC requires?▾

Some states have much lower minimum coverage than NC's 50/100/50 requirement. For example, Florida requires only $10,000 in property damage liability and no bodily injury liability for most drivers. If the at-fault driver's coverage is insufficient, your own UM/UIM coverage can fill the gap.

Can I sue an out-of-state driver in North Carolina courts?▾

Yes. NC's long-arm statute allows you to file a lawsuit in NC courts against an out-of-state driver who caused an accident in the state. The other driver can be served through NC's nonresident motorist statute, which uses the NC Commissioner of Motor Vehicles as an agent for service of process.

How do I file an insurance claim against an out-of-state driver?▾

You file the claim with the other driver's insurance company, just as you would if they were a NC driver. Get their insurance information at the scene. If their coverage is insufficient, you can also file a UM/UIM claim with your own insurer to cover the difference.