Can I Still File a Claim if No One Received a Ticket in the Car Accident?

Charlotte Personal Injury Attorney Matt Arnold answers the question: ” If an incident report was filled out, do I have a right to receive a copy?”


Traffic tickets and police reports are critical pieces of evidence in any car accident case. Injured victims can use the ticket to prove that the other motorist was at fault for the crash in order to seek compensation in North Carolina.

Fender-bender-Charlotte-Monroe-Lake-Norman-Mooresville-Car-accident-attorneys-300x172What happens if no traffic ticket was issued? Does it mean that you will not be able to file a claim to recover damages? Not necessarily. You can still file a personal injury claim, but you may need an experienced personal injury lawyer to help you establish fault and obtain the compensation you deserve.


Why the Police May Not Issue a Traffic Ticket After a Car Accident

If you were involved in a car accident and neither you nor the other driver received a traffic ticket, there may be two reasons why no ticket was issued after the crash:

  • No party broke any traffic rules. Some car crashes occur when no traffic laws are broken.
  • The fault is not immediately clear. If fault is not obvious and determining liability requires an in-depth investigation, the police may not issue a ticket immediately after the accident.


Why You Need to Prove the Other Party’s Fault Without a Ticket

If there was no traffic ticket issued after your car accident, you might still need to prove fault in order to seek compensation for your injury.

Seeking Compensation Through the Insurance Company

Under North Carolina law, all motorists must have liability coverage that pays for damages suffered by the other party(s) if you were at fault for the crash. However, if you have the Medical Payments (Med Pay) coverage, you may seek compensation for your own injuries.

Thus, if you do not have the Med Pay coverage, proving that the other party caused the collision may be the only way to recover damages. Proving fault without a traffic ticket may not be easy, which is why you should contact a North Carolina personal injury attorney to help you determine liability.

Contributory Negligence Doctrine

North Carolina uses the doctrine of pure contributory negligence, which prevents an injured party from recovering any damages if they were partially responsible for the accident.

Therefore, even if there is not a traffic ticket proving the other party’s fault, you should consult with an attorney to help you gather sufficient evidence proving that the other driver caused the collision.


How to Prove Fault Without a Traffic Ticket

If neither you nor the other motorist involved in the crash received a traffic ticket, your North Carolina car accident attorney could help you establish fault through other pieces of evidence, including:

  • Collecting physical evidence at the scene of the accident
  • Photos and videos from the scene
  • Obtaining traffic and video surveillance footage
  • Talking to witnesses
  • Hiring accident reconstruction experts
  • Investigating the cause of the crash

Proving fault without a traffic ticket is challenging, which is why it is advised to get help from a skilled car accident attorney to protect your rights and fight for the compensation you deserve. Contact our North Carolina personal injury lawyers at Arnold & Smith, PLLC, to get a consultation about your particular situation. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.







The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.





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