After a crash, you might feel sore but think you’re okay. Then the pain sets in. Your neck stiffens. You struggle to sleep. Everyday tasks become hard. That’s whiplash. It’s more than a sore neck. It’s a soft tissue injury that can last weeks, months, or even longer. For many in North Carolina, it becomes the reason they miss work or can’t pick up their kids. It sneaks up on you, and before you know it, it changes your whole routine.
The Real Reason People Don’t Get Paid for Whiplash Injuries
North Carolina follows a very strict rule called contributory negligence. That means if you’re even a little bit at fault for the crash—just one percent—you can lose the right to any compensation at all. Not some. All. It’s one of the few states that still does it this way. And it’s the number one reason people with legitimate whiplash claims walk away with nothing.
Let’s say someone rear-ends you. Simple, right? You should be paid. But what if your brake lights weren’t working? What if you tapped the brakes suddenly? The insurance company will dig into every detail. If they can pin even a tiny part of the blame on you, they will try to use contributory negligence to shut your case down.
Why This Law Feels Unfair—But It’s Still the Law
This rule doesn’t care how bad you’re hurting. It doesn’t ask whether you need help paying bills. It only asks: were you in any way responsible? It feels harsh. That’s because it is. But it’s the rule. And unless a lawyer can clearly show you were not at fault, you could lose your right to recovery. That’s why the details matter more here than in most places. The facts have to show you were completely in the clear.
Attorney Attorney Attorney
Michael Phillips
Marcel McCrea
Natalie Andruczyk
What You Have to Prove to Win
If you’re in North Carolina and you’ve got whiplash from a crash, you don’t just have to prove someone else was at fault. You also have to prove you didn’t do anything that helped cause it. That’s a high bar. It means showing your actions were reasonable. You weren’t speeding. You didn’t cut someone off. You weren’t distracted. It’s not enough to say you were injured. You have to prove you were careful.
The story you tell matters. The story your doctor tells matters too. The medical records must show your symptoms are real and that they came from the crash. Every piece of this has to work together. One small hole, and the insurance company will use it.
Common Mistakes That Can Hurt Your Case
Waiting too long to get checked out can hurt your claim. If you feel pain, don’t wait. Go to a doctor. Be clear. Say it started after the crash. And don’t guess when talking to adjusters. Don’t say “maybe” or “I think.” Say what you know. Let your doctor speak to the rest.
Talking too soon to insurance companies can also backfire. They record those calls. They’ll look for ways to use your own words against you. That’s why many people find it helpful to speak to a lawyer first.
Michael was a pleasure to work with. He made sure all of my questions were answered in a timely manner. His compassion to help allowed me to receive excellence throughout my experience, i would highly recommend his expertise” - Anonymous Philips and McCrea Law firm provided excellent service to entire family and friends. There have been several situations that I/family /friends have depended on their legal service’s. On each occasion they have been professional, knowledgeable and dependable. Providing excellent representation and guidance under stressful situations. I would highly recommend their legal service." - Denise Simply great legal service. They were professional, easy to work with and thorough. I have been very pleased with their service and would highly recommend them to my friends and colleagues as exceptional Charlotte attorneys." - Logan Abrams 
You’re Not Alone—and You Don’t Have to Handle This Alone
Being in pain is hard. Being in pain and being told you don’t deserve help is worse. It feels personal. Like no one believes you. But your story matters. The law is tough here, but that doesn’t mean you can’t win. It just means the story has to be told right. With care. With proof. And with someone who understands how the rules work in this state.
The Hidden Impact of Whiplash That Most People Miss
Whiplash isn’t just a stiff neck. It can lead to chronic headaches, shoulder pain, backaches, numbness in your arms, and even changes in your ability to focus or sleep. You might not notice it all right away. That’s what makes it tricky. Days or even weeks later, the symptoms get worse. And without the right medical care—and documentation—it becomes harder to connect those symptoms to the crash. Insurance companies know this. That’s why they rush you to settle. They want you to take a small offer before you know how badly you’re hurt.
It’s also common for people to feel unsure or guilty. They may think, “Maybe I’m making too big a deal out of this.” But if the crash wasn’t your fault, and you’re dealing with real pain, then you deserve real help. It’s not about being dramatic. It’s about making sure you’re not left paying for someone else’s mistake.
The Role of Medical Records in Fighting Contributory Negligence
Your doctor’s notes may be the most important part of your case. If those records don’t clearly say your pain started after the crash—or if they suggest the injury might have come from something else—the insurance company will use that. That’s why it helps to see a doctor who knows how to write a clear, complete record. It also helps to keep your own notes. Write down when the pain started. Keep track of your doctor visits, missed workdays, and anything else that changed because of the crash.
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Sometimes people avoid going to the doctor because they’re worried about cost. But if you don’t get checked out, you give the other side a reason to doubt you. And in North Carolina, doubt can destroy your claim.
How Phillips & McCrea, PLLC Can Help Tell Your Story
Insurance companies have teams of people trained to find ways not to pay. They don’t just look at your injuries. They look at your driving history. Your social media. Your past health. Anything they can use to say, “This isn’t our fault.” It’s not personal to them. But it is personal to you. This is your health. Your future. Your family.
That’s why having someone on your side who knows how this works can make all the difference. At Phillips & McCrea, PLLC, we take the time to understand your case and explain your options in plain language. We know what adjusters look for—and how to stop them from twisting your words.
We build your case by collecting records, talking to doctors, and laying out the facts so that your story is clear and strong. Most of all, we make sure you don’t walk through this alone. Because when the law says you have to be blameless, every detail counts. And every voice matters—especially yours.
Here’s What You Can Do Today
If you’ve been in a crash and you’re feeling pain in your neck, don’t wait. Get checked out. Keep records. And if someone says the wreck was your fault, even just a little, don’t argue. Just get help.
At Phillips & McCrea, PLLC, we help people like you stand up to the insurance companies and get their lives back on track. You don’t have to figure this out on your own. Call us today. We’ll listen. We’ll guide you. And we’ll fight for the full story—your story—to be heard.