North Carolina Personal Injury Glossary

Treble Damages

Three times the verdict, by order of statute. Treble damages are rare in a North Carolina injury case, but when an insurance company mishandles its own policyholder’s claim, they come into play.

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Definition
Treble damages are a statutory remedy that multiplies the jury’s award by three. In North Carolina the main source is N.C. Gen. Stat. § 75-16, which requires judgment for treble the amount of the verdict when a person is injured by an unfair or deceptive trade practice under § 75-1.1. The remedy is a penalty set by the legislature, distinct from the punitive damages a jury may award for willful or wanton conduct.

Also called: triple damages, trebled damages

“Treble” means triple. When a statute provides for treble damages, the jury finds the actual loss and the court multiplies it by three when it enters judgment. The multiplier is not compensation; it is a legislative penalty meant to punish conduct the General Assembly considers especially harmful and to make it worthwhile for private citizens to sue over it. The defendant pays three times what it cost the plaintiff, plus, in some cases, the plaintiff’s attorney fees.

Ordinary negligence does not carry treble damages. A driver who runs a stop sign owes what the injury cost, nothing more. Treble damages enter a North Carolina injury matter through a side door: the state’s unfair and deceptive trade practices act, which can reach an insurance company that treats its own policyholder unfairly. Joshua E. Palmer, Attorney at Law evaluates every uninsured, underinsured, and medical-payments claim for that possibility. This page explains the statute, when it applies, how treble damages differ from punitive damages, and the limits North Carolina places on the remedy.

What Are Treble Damages?

Treble damages are actual damages multiplied by three under the authority of a specific statute. The jury’s job does not change: it decides what the plaintiff lost. The statute then directs the judge to enter judgment for three times that figure. Because the multiplier comes from the legislature rather than the jury, it is applied mechanically; the judge has no discretion to award double or one-and-a-half times the verdict.

The remedy exists only where a statute creates it. North Carolina’s best-known treble damages provision is in its unfair and deceptive trade practices act, and that is the one that matters in injury and insurance matters. Other statutes carry their own multipliers for other kinds of wrongs, but a plaintiff cannot ask for treble damages in a plain negligence case.

Plain English: treble damages mean the defendant pays three times the loss, because a statute says so. They punish a specific kind of wrongdoing; they do not apply to an ordinary crash or fall.

When Does North Carolina’s Unfair Trade Practices Act Award Treble Damages?

N.C. Gen. Stat. § 75-1.1 declares unlawful unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. N.C. Gen. Stat. § 75-16 gives any person injured by a violation a right of action and provides that if damages are assessed, judgment shall be rendered for treble the amount fixed by the verdict. The word “shall” matters: once the jury finds a violation and an injury, trebling is automatic.

Two features of the act shape how it reaches injury claims. First, “commerce” includes all business activities but not professional services rendered by a member of a learned profession, so a medical malpractice claim cannot be restated as an unfair trade practice. Second, the act adds a fee-shifting provision. Under N.C. Gen. Stat. § 75-16.1 the judge may award a reasonable attorney fee to the prevailing party when the violator willfully engaged in the practice and refused without warrant to resolve the matter, or, in the defendant’s favor, when the plaintiff knew or should have known the suit was frivolous and malicious.

  • Elements: an unfair or deceptive act or practice, in or affecting commerce, that proximately caused injury to the plaintiff.
  • Remedy: actual damages found by the jury, trebled by the court under § 75-16.
  • Fees: discretionary attorney fees under § 75-16.1 for a willful violation and an unwarranted refusal to resolve the claim.
  • Exclusion: professional services by a learned profession are outside the act.

How Do Treble Damages Apply To An Insurance Claim In North Carolina?

Through the unfair claim settlement practices statute. N.C. Gen. Stat. § 58-63-15(11) lists the claim-handling practices the Commissioner of Insurance treats as unfair when an insurer commits them often enough to indicate a general business practice: misrepresenting policy provisions, failing to acknowledge and act reasonably promptly on claim communications, refusing to pay without a reasonable investigation, failing to affirm or deny coverage within a reasonable time, not attempting in good faith to settle promptly and fairly once liability has become reasonably clear, compelling the insured to sue by offering substantially less than the amount later recovered, and failing to give a reasonable explanation for a denial or a low offer. The statute itself says a violation creates no private cause of action; the private remedy exists because North Carolina courts have treated conduct of the kind the statute describes as an unfair practice under § 75-1.1, which brings § 75-16 and its treble damages with it.

The remedy belongs to the insurer’s own policyholder. North Carolina does not recognize a bad-faith or unfair-practices claim by an injured third party against the at-fault driver’s insurance company; that insurer owes its duties to its insured, not to the person suing the insured. The claims that can carry treble damages are first-party claims: uninsured and underinsured motorist coverage, medical payments coverage, and collision coverage under the injured person’s own policy.

Feature Treble damages Punitive damages Compensatory damages
Source Statute: § 75-16 Statute: § 1D-15 Common law of negligence
Who decides the amount Jury finds actual loss; court multiplies by three Jury, by clear and convincing evidence of fraud, malice, or willful or wanton conduct Jury
Limit Fixed multiplier Greater of three times compensatory damages or $250,000 under § 1D-25; jury is not told No general cap
Typical injury-case setting Insurer’s unfair handling of its own policyholder’s claim Impaired, reckless, or malicious conduct causing the injury Every negligence claim
Treble damages, punitive damages, and compensatory damages in North Carolina

The three-times figure in § 1D-25 is a ceiling on punitive damages, not a trebling. The two remedies are often confused because both involve the number three.

What Is The Difference Between Treble Damages And Punitive Damages?

Both go beyond compensation, but they come from different places and follow different rules. Punitive damages are awarded by the jury under N.C. Gen. Stat. § 1D-15 only when the plaintiff proves by clear and convincing evidence that the defendant’s conduct involved fraud, malice, or willful or wanton conduct. The jury sets the amount, and N.C. Gen. Stat. § 1D-25 caps it at the greater of three times the compensatory damages or $250,000, a limit the jury is never told about. Treble damages are not awarded by the jury at all; the court applies the multiplier because § 75-16 commands it, and no showing of malice is required beyond the unfair or deceptive practice itself.

A worked example shows the two side by side. Alan, a Greensboro driver, is seriously hurt by an uninsured motorist who was impaired. His claim against that driver can carry punitive damages for the impaired driving. His claim under his own uninsured motorist coverage is a contract claim against his insurer; if the insurer misrepresents his coverage, ignores his lawyer’s letters for months, and offers a fraction of the clear value while admitting the other driver was at fault, Alan may add a § 75-1.1 claim against the insurer, and a verdict on that claim is trebled under § 75-16. The underlying crash is the same; the remedies attach to different defendants for different wrongs.

How Does Contributory Negligence Affect A Treble Damages Claim?

Indirectly but powerfully. Contributory negligence is a defense to a negligence claim, and an unfair trade practices claim against an insurer is not a negligence claim, so the defense does not apply to it directly. But the insurer’s obligation under an uninsured or underinsured motorist policy depends on what the insured is legally entitled to recover from the at-fault driver. If the insured’s own negligence contributed to the crash, the insured is entitled to nothing from the other driver, and under N.C. Gen. Stat. § 1-139 the party asserting contributory negligence must prove it. An insurer that has a genuine contributory negligence argument has a reason to contest the claim, and a contested claim handled in good faith is not an unfair practice.

The practical lesson is that the strength of the underlying injury claim sets the stakes for everything else. A clear-liability crash with documented injuries leaves an insurer little room to delay or lowball, and when it does so anyway, the trebled remedy is what makes the misconduct expensive. Whether a particular pattern of claim handling rises to an unfair practice, and the deadline for bringing such a claim, are questions to confirm with an attorney early, while the claim file is still being built.

Who can claim treble damages: the insurer’s own policyholder on a first-party claim. Not the injured person suing someone else’s insurance company.
Attorney Joshua E. Palmer
About the Author

Joshua E. Palmer

Managing Partner · Joshua E. Palmer, Attorney at Law

Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. This glossary explains the terms he uses with clients every day, in plain English and with the North Carolina rule that applies.

  • J.D., North Carolina Central University School of Law (Durham, NC)
  • Managing Partner, Joshua E. Palmer, Attorney at Law
  • Selected to Super Lawyers Rising Stars, 2026
In Short

Key Facts About Treble Damages in North Carolina

  • Treble damages multiply the jury’s actual damages by three under a specific statute; in North Carolina that statute is § 75-16, which applies to unfair or deceptive trade practices under § 75-1.1.
  • Trebling is mandatory once a violation and an injury are found; attorney fees may be added under § 75-16.1 for a willful violation and an unwarranted refusal to resolve the matter.
  • In injury matters the remedy reaches an insurer that mishandles its own policyholder’s claim in the ways listed in § 58-63-15(11); it does not reach the at-fault driver’s insurer on a third party’s claim.
  • Treble damages differ from punitive damages, which the jury awards under § 1D-15 for fraud, malice, or willful or wanton conduct and which § 1D-25 caps at three times compensatory damages or $250,000.
  • Contributory negligence does not apply to the unfair practices claim itself, but it decides what the insured was entitled to recover in the first place.
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Common Questions

Treble Damages: Frequently Asked Questions

What are treble damages?
Damages multiplied by three under a statute. The jury decides the actual loss and the court enters judgment for triple that amount. The multiplier is a legislative penalty for conduct the statute targets, not additional compensation.
Can I get treble damages in a North Carolina car accident case?
Not against the driver who hit you; negligence carries compensatory damages and, for willful or wanton conduct, punitive damages. Treble damages under N.C. Gen. Stat. § 75-16 can apply to a claim against your own insurer if it handles your uninsured, underinsured, or medical payments claim in an unfair or deceptive way.
What is the difference between treble damages and punitive damages in North Carolina?
Treble damages are applied by the court, automatically, under § 75-16 once an unfair trade practice is found. Punitive damages are awarded by the jury under § 1D-15 only on clear and convincing evidence of fraud, malice, or willful or wanton conduct, and are capped by § 1D-25 at the greater of three times compensatory damages or $250,000.
Does North Carolina allow a bad-faith claim against the other driver’s insurance company?
No. The at-fault driver’s insurer owes its duties to its own insured. An injured third party cannot sue that company for unfair claim handling or treble damages. The remedy belongs to a policyholder suing his or her own insurer.
What counts as an unfair claim settlement practice in North Carolina?
N.C. Gen. Stat. § 58-63-15(11) lists them, including misrepresenting policy provisions, failing to act promptly on claim communications, refusing to pay without a reasonable investigation, not attempting in good faith to settle once liability is reasonably clear, and failing to explain the basis for a denial or low offer.
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