In North Carolina, drivers are required to carry motor vehicle insurance, yet many still operate without coverage. If you’ve been injured by an uninsured driver, you might be wondering what steps to take next. Fortunately, you may still have options for recovery under your own insurance policy or that of another passenger in the vehicle.
Uninsured/underinsured motorist coverage can provide compensation through your own policy. Additionally, a personal injury lawsuit allows you to pursue damages from other sources, including the driver’s personal assets or third-party liability.
At Ellis Law, we understand how frustrating it can be when another driver lacks insurance. Our team is dedicated to securing the compensation you deserve, employing the right legal strategy tailored to your case. Let our North Carolina car accident attorney assist you in navigating this challenging situation.
Defining an Uninsured or Underinsured Driver
North Carolina law requires drivers to carry liability insurance with minimum coverages of 30/60/25. This means that each driver must have, at a minimum:
- $30,000 for bodily injury insurance for each person
- $60,000 for total bodily injury for all persons in a motor vehicle accident
- $25,000 for property damage coverage
Drivers may purchase additional coverage if they opt for higher limits. This insurance protects drivers who cause an accident and are responsible for compensating the injured driver. Notably, these minimum coverage limits will increase to 50/100/50 starting January 1, 2025, with the new limits outlined as follows:
- $50,000 for bodily injury insurance for each person
- $100,000 for total bodily injury for all persons in a motor vehicle accident
- $50,000 for property damage coverage
These changes are set forth in Senate Bill 452, which was passed earlier this year.
Uninsured Motorists
An uninsured motorist has no coverage whatsoever. This is illegal under state law, but it also means there is no coverage from which to recover from the other driver. This is a difficult and frustrating experience when this irresponsible driver causes the accident.
Most uninsured motorists have very little in the way of personal assets either. Many are low-income and you may have to rely on your own policy for injury compensation.
Underinsured Motorists
A driver is “underinsured” if the coverage limits of their policy are insufficient to pay for your damages. This is not about whether they meet the legal minimum limits, but whether their policy limits are enough to cover your damages.
Imagine you are in a serious car accident and suffer $150,000 in bodily injuries. If the at-fault driver only has $50,000.00 per person coverage, this is far less than your actual costs. The driver is considered underinsured, which may trigger provisions in your own auto policy.
Making a Claim on Your UM/UIM Coverage
Your car insurance policy may have uninsured/underinsured motorist coverage for situations like this. It kicks in when the other driver has no insurance or is underinsured. UM/UIM policies also have their own limits, which are determined by the policy you purchased from your insurance company.
Your own insurance company may try to deny your claim or fight you about the actual value of your claim. This is a common insurance tactic designed to frustrate you into accepting an unfairly low settlement. Your North Carolina car accident insurance attorney can help you seek the compensation you deserve.
Other Methods of Obtaining Compensation
Besides filing on your own UM/UIM policy, there are several other methods to recover compensation that might be available to you. These include:
- Filing a North Carolina car accident lawsuit with a personal injury attorney
- Filing a claim against a driver’s employer or other liable third party
- Determining whether a governmental entity is responsible for the accident
- Filing a claim against a ridesharing company if a ride share vehicle it was involved in the accident
Get Help After an Accident in North Carolina
If you were in an accident with someone who has no insurance or not enough insurance, we are here to help. With years of experience handling complex coverage issues, we know how to investigate and identify all potential sources of coverage to ensure you receive the full compensation you deserve. Contact us today for a free consultation of your case.
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