Being in a car wreck is stressful enough. It gets even worse when you find out the driver who hit you does not have insurance. While North Carolina law requires all registered vehicles to maintain continuous liability insurance, these unfortunate incidents still happen every day in Pender County and the surrounding areas.
The good news is you still have legal avenues available to recover the money you need. Understanding these options is the first step toward seeking fair compensation.
First defense: UM coverage
Your uninsured motorist (UM) coverage is your first and most effective defense in this situation. North Carolina law requires that all auto liability policies sold in the state must provide this coverage unless the named insured rejects it in writing.
UM coverage “steps into the shoes” of the uninsured driver who hit you. It covers your losses, including medical bills and wages lost due to being unable to work, up to the limits you purchased.
You should remember that this remains a claim against an insurance company—even your own. They will still investigate the crash and potentially challenge the actual value of your damages. Knowing your policy terms is key to navigating this process.
Secondary strategy: Suing the at-fault driver
You always keep the legal right to file a personal injury lawsuit directly against the person who caused the wreck. The North Carolina legal process mandates that you must file the lawsuit against the at-fault driver and formally serve a copy of the summons and complaint to your UM insurer. This critical procedural step ensures your insurer is legally joined as an unnamed party and is bound by the lawsuit’s outcome.
However, filing a lawsuit does not guarantee payment. The main challenge is the collectability of a judgment. Most people who drive without insurance do not have the personal money or assets necessary to pay a significant court-ordered judgment. This lack of assets is why a lawsuit against the driver is usually less fruitful than a successful UM claim.
Get help with your case
Dealing with an uninsured driver case brings many challenges. You may face resistance and delay, even from your own insurance carrier. Here are the essential requirements:
- You must interpret complex policy language.
- You must meet strict legal deadlines, most notably the three-year statute of limitations for filing a personal injury lawsuit.
- You must handle tough negotiations with the insurer.
The importance of having skilled legal representation is crucial when facing resistance from insurance carriers. An attorney ensures you identify and protect all potential sources of compensation. Knowing your legal options is the first step toward securing a fair financial outcome for you and your family.