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What Should I Do If I Was in an Accident with an Uninsured Driver in North Carolina?

Published January 30, 2022 by The Law Offices of John Drew Warlick, P.A.
What Should I Do If I Was in an Accident with an Uninsured Driver in North Carolina?

If you were injured in a car accident in North Carolina that another driver caused, you might assume your expenses and losses will be covered by the at-fault party. However, those hopes may be dashed if you discover that the at-fault driver doesn’t have liability insurance. 

Fortunately, you may still have options. You may be entitled to pursue financial compensation for your medical bills and vehicle repair costs by pursuing a claim with the uninsured motorist insurance coverage (UM) under your own car insurance policy.

An uninsured motorist attorney from The Law Offices of John Drew Warlick, P.A., can help. Our attorneys have served injured car accident victims throughout North Carolina for three generations. Our lawyers and staff live here, work here, and raise their families here. We are committed to serving our community and helping people who’ve been injured seek justice. 

You can turn to us to help you pursue the compensation you need to recover from a motor vehicle accident that wasn’t your fault. Even when the responsible driver doesn’t have the insurance or financial means to recover compensation you deserve, our knowledgeable attorneys can help you seek other sources of recovery.

After being hurt in a car crash caused by an uninsured driver, don’t assume that you are out of options for recovering financial compensation for your losses. Contact The Law Offices of John Drew Warlick, P.A., today for a free consultation to learn more about what our firm can do to help you get the resources you need for your recovery.

Steps to Take after a Crash with a Driver Who Has No Insurance

You should take certain steps if you have been involved in a motor vehicle crash with a driver who doesn’t have the liability insurance required by North Carolina law. The following steps can help protect your rights and options for pursuing compensation:                                      

  • Exchange contact information with the other driver.
  • Take photos or videos of the crash scene, including details such as vehicle damage, marks on the road surface, traffic controls, visual obstructions, and weather/lighting/traffic conditions.
  • See a physician as soon as possible after the crash to get examined for any injuries you may have sustained.
  • Notify your insurer of the crash as soon as possible.
  • Keep records of your medical expenses and other losses.
  • Talk to an uninsured motorist attorney to discuss your rights for recovering compensation.

What Is Uninsured Motorist Insurance?

Uninsured motorist insurance is a type of coverage required in all auto policies in North Carolina. With UM coverage, you can still obtain compensation following an accident caused by another driver who doesn’t have the mandatory liability insurance coverage. UM coverage can pay for the medical expenses you and other passengers in your vehicle incurred for injuries suffered in the accident. 

The coverage will also pay for repairs to your vehicle or the pre-accident cash value of your car if it was totaled in the accident. In effect, your insurance provider takes the place of the insurance coverage the at-fault driver should have had.

You may also be entitled to file a claim with your UM insurance if you are involved in an accident with a hit-and-run driver you cannot identify and locate. An unidentified hit-and-run driver is treated as an uninsured driver for insurance purposes. 

How Do Uninsured Motorist Claims Work in North Carolina?

In North Carolina, you may be entitled to file an uninsured motorist coverage (UM) claim with your own car insurance company once you have confirmed the at-fault driver doesn’t carry liability insurance or following a hit-and-run accident when you’ve undertaken reasonable efforts to locate the driver.

If your insurance company accepts your UM claim, they should pay your medical expenses and the medical expenses of anyone in your vehicle. Your insurer should also pay for the repair or reimbursement costs if your vehicle was damaged in the accident. 

The amount of money your insurer is obligated to pay is limited to the coverage amount you have purchased for your insurance. By law, uninsured motorist coverage (UM) must be equal to the amount of bodily injury liability coverage that the policyholder has purchased.

Under the terms of your motor vehicle insurance policy, to maintain your eligibility for uninsured motorist coverage (UM), you must provide timely notice to your insurer that you were involved in a car accident. Depending on your insurer, this notice period may be as short as just a couple of weeks. If you fail to provide your insurer with timely notice and cannot show that you were delayed in giving notice due to no fault of your own (such as due to your injuries), your insurer may have a reason to deny your UM claim.

Why You Need a Lawyer to Help with Your Uninsured Motorist Claim

Pursuing UM claims can become tricky since insurance companies maximize their profits by paying out as little as possible – including on UM claims. That is true even though you are dealing with “your” insurer on a UM claim.

An uninsured motorist attorney from The Law Offices of John Drew Warlick, P.A. can help you pursue the UM coverage that you have paid for by:

  • Investigating the accident to recover the evidence needed to prove that the uninsured driver caused the car accident
  • Reviewing the terms of your auto insurance policy to confirm your eligibility for UM coverage
  • Ensuring your UM claims are filed on time with your insurer to maintain your eligibility for coverage
  • Documenting your injuries, vehicle damage, and resulting expenses to make sure you get reimbursed for those costs
  • Aggressively pursuing the compensation you deserve, whether through negotiations with the insurance company or by pursuing litigation, if necessary

Talk to an Experienced Uninsured Motorist Attorney in North Carolina Now

If you were involved in a motor vehicle accident in North Carolina caused by a driver without insurance or a hit-and-run driver, reach out to The Law Offices of John Drew Warlick, P.A. today for a no-obligation, free consultation. 

Contact one of our experienced North Carolina uninsured motorist attorneys to learn more about your legal rights and legal options for seeking the financial compensation you deserve for your losses.

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