What’s the legal deal with abandoned cars in NC?

A recent fiery crash in Raleigh on I-440 points to the ever-present problem of reckless drivers and cars left on the side of high-speed roads. This begs the question: What are the victims’ legal rights and ways to seek justice when an abandoned car plays a role in a car accident? What exceptions exist?

When it comes to a car accident, the obvious compensation source is insurance, but there’s a catch. With the difficulty of navigating the world of insurance claims, many car accident victims find it daunting to secure justice, in which case it’s a good idea to loop in an attorney for help.

Another hot topic: When is a plaintiff exempt from recovering damages? There are a few instances where contributory negligence, also known as when a victim cannot collect damages due to being partially responsible for the incident and injury, comes into play. If an abandoned car was stopped on the shoulder and the wreck occurred due to driver distraction, the car was legally parked, or if the driver was under the influence, to name a few examples, it’s not likely damages can be collected.

While the law prohibits drivers from abandoning their cars on the roadway, there are exceptions in place for drivers who suffer breakdowns rendering their cars inoperable. A few precautions for drivers suffering a breakdown to keep in mind: carry flares, hazard triangles, or another sort of sign or symbol to show passing drivers that your car is out of order.

Another key legality to keep in mind: there are different laws in North Carolina for removing a defunct and abandoned car — and it all depends on whether the vehicle has been left on public or private property.

If the abandoned vehicle is left behind on public property, such as the side of a roadway, it will most likely be towed within seven days. If the owner can be found, they could be liable to pay fees to reclaim the vehicle. If the owner is unable to be found, the car will likely be discarded.

If a vehicle is abandoned on private property, the property owner has a few options. First, they should confirm with the police that the vehicle is not stolen. If not stolen, the owner must wait seven days before they can initiate having the vehicle towed. After 10 days, the property owner can report the vehicle to the NCDMV via an LT-260 form. After that notice is processed, the owner has the option to file a LT-262 form to claim intent to sell the car. It’s also a good move to call the NC Division of Motor Vehicles’ License & Theft Bureau if any questions arise.