When another driver hurts you, their bodily injury liability coverage is usually where the money comes from. Here is what it pays, North Carolina’s minimum limits, and what happens when they are not enough.
Also called: BI liability, BI coverage, bodily injury coverage
Bodily injury liability coverage, often written as BI, exists to protect two people at once. It protects the insured driver, by paying claims that would otherwise come out of that driver’s own pocket and by paying for a lawyer to defend them. And it protects the injured person, by putting an insurance company with money behind a driver who may have none.
In nearly every North Carolina crash claim, the at-fault driver’s bodily injury limits set the practical ceiling on the first source of recovery. Joshua E. Palmer, Attorney at Law identifies those limits, and every other policy that may apply, early in each North Carolina injury case. This page explains what the coverage pays, how per-person and per-accident limits work, how to find out what the other driver carries, and what to do when the injuries are worth more than the policy.
It pays the damages the insured driver is legally obligated to pay because of bodily injury to, or the death of, another person. In practice that means the injured person’s medical expenses, lost income, pain and suffering, permanent impairment, and, in a fatal crash, the wrongful death claim. It also pays for the insured driver’s legal defense, which is why the lawyer on the other side of a crash case is almost always hired by an insurance company.
It does not pay for the insured driver’s own injuries, and it does not pay for vehicle damage, which falls under property damage liability. A North Carolina owner’s policy covers the named insured and other people driving the vehicle with the owner’s express or implied permission, so the coverage usually applies even when a friend or family member was behind the wheel.
N.C. Gen. Stat. § 20-279.21 sets two bodily injury numbers. The per-person limit, $50,000, is the most the policy will pay for any one person’s injuries or death. The per-accident limit, $100,000, is the most it will pay for everyone hurt in the same crash combined, and it is subject to the per-person limit. These minimums apply to policies issued or renewed on or after July 1, 2025. Earlier policies carried minimums of $30,000 and $60,000 until renewal, and many drivers carry more than the minimum.
Under N.C. Gen. Stat. § 20-309, vehicle owners must maintain this financial responsibility continuously while the vehicle is registered. The same statute that sets the minimums also ties uninsured motorist coverage to them: the uninsured motorist bodily injury limits on a policy must equal its highest bodily injury liability limits.
| Scenario | Claim value | What a minimum-limits policy pays |
|---|---|---|
| One person injured | $20,000 | $20,000 |
| One person seriously injured | $180,000 | $50,000 (the per-person limit) |
| Two people injured | $40,000 and $45,000 | $85,000 in total |
| Four people injured | $50,000 each | $100,000 shared among all four (the per-accident limit) |
Illustration only, assuming the insured driver is fully liable and no other coverage applies. Claim values are examples, not predictions.
Insurers do not volunteer limits, but North Carolina gives injured people a way to ask before a lawsuit. Under N.C. Gen. Stat. § 58-3-33, a person injured in a crash covered by a private passenger auto policy may send a written request by certified mail to the adjuster or the insurance company. The insurer must respond within 15 business days explaining the conditions: written consent for release of medical records, written consent to participate in mediation, and a copy of the accident report with a description of what happened. Within 30 days of receiving those documents, the insurer must provide the policy limits.
Knowing the limits early changes the strategy. A claim worth less than the limits is negotiated on its merits. A claim worth more becomes a search for additional coverage and a demand that the insurer pay its limits.
The at-fault driver remains personally liable for the excess, but most individuals cannot pay a large judgment. The realistic sources of additional recovery are other insurance: a second liable party such as an employer or vehicle owner, an umbrella policy, and the injured person’s own underinsured motorist coverage, which is designed for exactly this situation.
Order matters. Settling with the at-fault driver’s insurer for its limits without following the notice steps in your own policy can jeopardize an underinsured motorist claim, so have the paperwork reviewed before signing.
Liability coverage pays only what the insured driver legally owes, and in North Carolina a driver owes nothing to a person whose own negligence contributed to the injury. That is contributory negligence. The burden of proving it is on the defense under N.C. Gen. Stat. § 1-139, but adjusters apply it at the claim stage, and a claimant who is found even slightly at fault can be offered nothing by a company that would have paid its full limits in most other states.
If the claim goes to trial, the jury will not be told how much insurance the defendant has, or that there is any. N.C. R. Evid. 411 makes evidence of liability insurance inadmissible on the question of whether a person acted negligently. The limits shape the negotiation, not the verdict. For the fault rules themselves, see the contributory negligence guide.

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.
Want to know what coverage is available for your injuries, and whether it is enough? Call for a free North Carolina case review.
Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
We identify the at-fault driver’s limits and every other policy that may pay your North Carolina claim. Free consultation, no fee unless we win.
Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of October 2026; confirm current law with an attorney before relying on it.