Your Options When Hit By An Uninsured Driver

Getting hit by a driver without insurance is terrifying. You’re hurt. Your car’s damaged. And the person who caused all of this has no coverage to pay for anything. This happens far more often than it should in North Carolina.

What The Law Requires In North Carolina

Every driver in North Carolina is supposed to carry liability insurance. The minimum coverage includes $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage. Those are the legal requirements, but plenty of drivers ignore them. They’re on the road right now without a single dollar of insurance coverage. When one of these uninsured drivers causes your accident, everything becomes harder. You can’t file a claim against their insurance company because there isn’t one.

Your Own Uninsured Motorist Coverage Can Save You

This is where your insurance policy matters most. Uninsured motorist coverage, called UM coverage, protects you when the at-fault driver has nothing. Insurance companies in North Carolina must offer this to you, though you can reject it in writing. If you accepted UM coverage when you bought your policy, you can file a claim through your own insurer. They step in and handle things the way the other driver’s insurance should have. Your company evaluates your injuries, reviews medical bills, and compensates you up to your policy limits. UM coverage typically includes:

• Medical expenses and treatment costs
• Lost wages from missing work
• Pain and suffering
• Property damage in some policies

Check your policy. Call your agent if you’re not sure what you have. Understanding your coverage limits matters before you need to use them.

You Can Sue The Driver Directly

There’s another route. A Charlotte personal injury lawyer can file a lawsuit directly against the uninsured driver. If you win, you get a judgment that gives you the legal right to collect damages. Here’s the problem. Most people who don’t have insurance can’t afford it. Even with a court judgment in your favor, actually collecting money from someone with no assets is incredibly difficult. The court might order wage garnishment or place liens on property. These collection methods take forever and don’t guarantee you’ll recover everything you’re owed. Some defendants file for bankruptcy, which can wipe out their obligation to pay your judgment entirely. It’s frustrating, but it’s reality.

Don’t Forget About Underinsured Motorist Coverage

Similar to UM coverage, underinsured motorist protection (UIM) helps when the at-fault driver has insurance but not nearly enough. This becomes important in serious accidents where your medical bills and other losses blow past the defendant’s policy limits. The Layton Law Firm helps clients understand how UM and UIM coverage work together to create a safety net after accidents.

Your Collision Coverage Helps With Vehicle Damage

If you’ve got collision coverage on your auto policy, it pays for vehicle repairs no matter who caused the accident. You’ll pay your deductible, and then your insurance company handles getting your car fixed. Your insurer may go after the uninsured driver through something called subrogation. They try to recover what they paid out. If they collect anything beyond your deductible, you get that money back.

Documentation Strengthens Everything

Building your case requires evidence. Lots of it. Gather police reports, medical records, repair estimates, and witness statements. Photograph the accident scene and vehicle damage if you can. Your medical treatment records prove how badly you were hurt. Follow what your doctor tells you to do. Keep every appointment. Missing treatment gives insurance companies ammunition to question whether you’re really as injured as you claim.

North Carolina’s Harsh Contributory Negligence Rule

North Carolina uses one of the harshest legal standards in the country. It’s called contributory negligence. If you’re even one percent at fault for the accident, you can’t recover anything. Not a single dollar. This rule applies to UM claims and lawsuits against uninsured drivers. It’s brutal. Working with a Charlotte personal injury lawyer helps protect your claim from the contributory negligence defenses that insurance companies love to throw around.

What You Should Do Now

Dealing with an uninsured driver makes an already awful situation worse. Start by figuring out what insurance coverage you actually have. What protection exists in your policy? Document everything related to the accident and your injuries. Every single detail matters. Consider talking with an attorney who handles these cases regularly. They can review your insurance policy, explain what options you’ve got, and help you go after the compensation you need. When the person who hit you has no insurance, the right legal guidance isn’t just helpful. It makes all the difference in whether you recover anything at all.