What Should I Do If I Was Hit by a Drunk Driver in North Carolina?

Posted on Apr 5, 2026 by Brian Ricci

If you were hit by a drunk driver in North Carolina, here is what to do first: Call 911, seek medical attention, and document everything related to your accident and injuries. Speaking with a drunk driving accident lawyer is also critical, so you should not wait to speak with our team.

This guide walks you through exactly what to do after a drunk driving accident, from the moment after you leave the accident scene through the legal process. We will also discuss what happens if the driver flees and how to protect your claim every step of the way.

At Ricci Law Firm Injury Lawyers, we help victims across North Carolina and the Raleigh area understand their rights and move forward after a devastating crash. To request a free consultation with our driving while impaired (DWI) accident lawyers, contact our North Carolina law firm today. You can also call us at (252) 777-2222.

 

What to Do Immediately After a Drunk Driver Crash in North Carolina

The moments after a crash are chaotic, but taking the right steps right away can protect both your health and your legal claim. Those “right steps” include:

  • Call 911 Immediately: Report the accident and request police and medical assistance. A police report documenting suspected drunk driving is one of the most important pieces of evidence in your case.
  • Seek Medical Attention: Even if you don’t feel injured, know that adrenaline can mask serious injuries. Even if you receive treatment at the scene, follow up at a hospital or urgent care as soon as possible after the crash.
  • Keep Accident-Related Evidence: You might take photos and videos of vehicle damage, retain copies of any accident-related police reports, and keep all relevant financial documents, insurance information, and other accident-related materials.
  • Write Down Details About the Other Driver: While you remember, write down your recollection of how they caused the accident, the drunk driver’s vehicle color and make, any signs that suggested they were impaired, and any other information you think might be relevant to your case.

For more guidance on what to do at the scene, see our FAQ on the best way to deal with a drunk driver at the scene of your accident in Raleigh. 

 

What Changes When It’s a Hit-and-Run (and What to Do If the Driver Flees)

A drunk driver hit-and-run in North Carolina creates additional legal and logistical challenges, but it does not eliminate your right to compensation. If the impaired driver fled the scene, here is what you should do:

  • Call 911 right away, just as you would if the driver remained at your crash scene
  • Look for surveillance cameras, noting any nearby businesses, traffic cameras, or homes with visible cameras (footage from these cameras can sometimes be recovered quickly if law enforcement is alerted fast)
  • Get witness information, as your attorney from our team will likely contact those witnesses to get their accounts of the accident
  • Preserve your own vehicle, as you should not have your car repaired until an adjuster or attorney can document the damage
  • Engage a Raleigh drunk driving accident attorney from our team, as we can investigate the collision and seek to identify the driver who fled the scene
  • Allow us to contact your insurance company, as a hit-and-run triggers different coverage pathways than a standard drunk driving claim

North Carolina law requires drivers to remain at the scene of an accident. Fleeing is a separate criminal offense, and law enforcement takes hit-and-run cases seriously. Even if the driver is never identified, you may still have coverage options through your own policy, which is a possibility we will cover shortly.

 

Medical Care, Documentation, and Protecting Your Claim in the Days After the Crash

What you do in the days following a drunk driving accident can prove critical to the amount of compensation you recover. Here is how to protect your health and your claim:

  • Be Diligent in Your Medical Treatment: The more consistently you attend medical appointments and follow your treatment plan, the stronger your claim will be.
  • Keep Your Records: Save all medical bills, pharmacy receipts, records of missed work, and out-of-pocket expenses related to the crash in Raleigh.
  • Create a Personal Injury Journal: Keep a journal detailing how your injuries are affecting your life. This documentation can support a claim for pain and suffering.
  • Save All Communications Related to the Accident: Keep records of relevant calls, emails, and letters from the other driver’s insurance company.
  • Avoid Giving a Recorded Statement to Insurers: You are not required to speak with insurers, and it’s wise not to speak with them until you’ve consulted Ricci Law Firm Injury Lawyers.

Once you have the backing of one of our attorneys, the process of pursuing compensation will become far less daunting and complicated.

 

How Fault and Compensation Work in NC (and Why Contributory Negligence Matters)

North Carolina follows a strict contributory negligence rule that is relevant to many car accident cases. If someone contributes to a crash in any way, they may not be eligible to receive compensation.

These strict rules make it even more important that you prove you did not cause the collision that involved a drunk driver. One of our Raleigh drunk driving accident attorneys will leverage all available evidence and testimony to prove that the drunk driver was solely at fault for your accident.

 

Insurance Options When the Drunk Driver Is Uninsured or Cannot Be Identified (UM/UIM)

If the drunk driver who hit you in Raleigh has no insurance, insufficient coverage, or fled the scene and was never identified, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. 

North Carolina requires insurers to offer UM/UIM coverage. In fact, as of July 2025, “underinsured motorist coverage will be included in all new or renewed policies.” This type of coverage can be a critical safety net in hit-and-run cases. 

Here is how UM/UIM coverage works in the context of a drunk driving hit-and-run in North Carolina:

  • Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance or cannot be identified, such as in a hit-and-run
  • Underinsured motorist (UIM) coverage applies when the at-fault driver’s liability limits are not enough to cover your total damages
  • This coverage generally has a contact requirement, as North Carolina generally requires some form of physical contact with the hit-and-run vehicle for UM coverage to apply (though there can be exceptions)
  • Prompt reporting matters, as UM/UIM claims often have strict reporting windows

Even if you believe you have minimal coverage, it is worth reviewing your policy in its entirety with an attorney from Ricci Law Firm Injury Lawyers. Many people have more protection than they realize.

Learn more about what happens if you get into an accident with an uninsured motorist.

 

Who Can Be Held Responsible Beyond the Driver

In some North Carolina drunk driving cases, liability does not end with the impaired driver. North Carolina’s dram shop laws impose liability on establishments that serve alcohol to a visibly intoxicated person or an underage person, if it was the proximate cause of the injury.

Potential third parties who could share liability for your accident in Raleigh include:

  • A bar, restaurant, or nightclub
  • A social host if alcohol is served to minors
  • An employer (if the drunk driver was operating a company vehicle or driving as part of their job duties at the time of the crash)

Pursuing third-party claims can significantly increase the total compensation available to you.

 

Damages You May Be Able to Recover After a DWI Accident

Victims of drunk driving accidents in North Carolina may be eligible to pursue compensation through a drunk driving accident claim for a wide range of losses, including:

  • Medical expenses, often including the cost of emergency treatment, hospitalization, medications, surgery, physical therapy, and other types of rehabilitation
  • Lost wages, which can be a destabilizing burden for those who cannot afford to lose their income
  • Property damage costs, including but not limited to the cost of vehicle repairs
  • Pain and suffering, often including physical pain, emotional anguish, psychological distress, anxiety, and post-traumatic stress disorder (PTSD)
  • Loss of enjoyment of life
  • Loss of consortium when spouses are affected by serious injuries

North Carolina allows punitive damages in certain cases involving egregious conduct. Drunk driving can certainly qualify as egregious conduct, and driving while impaired often qualifies. 

 

Deadlines and Next Steps: When to Talk to a Lawyer from Ricci Law Firm Injury Lawyers (and What Our Next Steps May Be)

North Carolina’s statute of limitations for drunk driving accident claims is generally three years from the date of the accident. 

Many accident victims believe that three years is a long time, but it is not a long time in the context of an insurance claim or lawsuit. Waiting to engage your lawyer from our team may seriously harm your case. 

When you wait to find your lawyer and let them start working on your behalf, there is more opportunity for insurance companies to violate your rights. Evidence can also become unavailable, and witnesses become harder to locate. If you were involved in a car accident caused by a drunk driver, you should speak with an attorney as soon as possible.

What You Can Expect from Our DWI Accident Attorneys

When you engage Ricci Law Firm Injury Lawyers to take on your case, you can expect:

  • A Free Consultation: You meet with an attorney to discuss the facts of your case and your legal options at no cost
  • An Investigation of the Drunk Driving Accident: Your attorney gathers the police report, medical records, witness statements, and other evidence to build your case
  • Insurance Negotiations: Most cases begin with a demand to the at-fault driver’s insurer, and your attorney handles communications and negotiations so you are not pressured into a low settlement
  • The Filing of a Lawsuit: If liable parties do not offer a fair settlement, your attorney can file a lawsuit and lead your case through the courts if it is the right strategy for your case
  • A Final Resolution: Many cases settle before trial, but having an attorney ready to go to court often results in better outcomes

Ricci Law Firm Injury Lawyers handles drunk driving accident cases in Raleigh and across North Carolina on a contingency fee basis, meaning you pay nothing unless we win your case.

 

Common Questions from Victims of Drunk Drivers in North Carolina  

What if the police never find the drunk hit-and-run driver?

If the driver is never found, you may still be able to file a claim under your own uninsured motorist coverage. North Carolina generally requires physical contact with the hit-and-run vehicle for UM coverage to apply. Still, your attorney can help evaluate your options and whether any exceptions apply to your case.

Will the drunk driver’s criminal case automatically pay my medical bills and lost wages?

No. Criminal restitution is often limited in amount, difficult to enforce, and does not cover the full scope of your losses. A separate civil claim against the drunk driver and any other liable parties is the most reliable path to recovering full compensation.

Can I pursue a claim if I did not realize I was injured until days after the accident?

Yes. Injuries such as whiplash, soft tissue damage, and concussions are among many that do not always produce noticeable symptoms right away. Our Raleigh drunk driving accident attorneys have helped many clients who did not immediately realize they were injured.

Should I speak with an insurance adjuster before or after hiring a lawyer?

It is generally not in your best interest to give a recorded statement to insurance companies before consulting an attorney from our team. Adjusters are trained to ask questions that may compromise your claim and give the insurance company leverage.

Speaking with a drunk driving accident lawyer in Raleigh before you speak with the insurance companies places you in a much stronger negotiating position.

 

Speak with Our Drunk Driving Accident Lawyers Today

If a drunk driver hit you or a loved one in North Carolina, turn to a law firm that will put your interests above all else. Ricci Law Firm Injury Lawyers is ready to help you understand your options and pursue the compensation you deserve. For a free, no-obligation consultation with our DWI crash attorneys, contact our North Carolina law firm online or call (252) 777-2222.