Dealing with Uninsured and Underinsured Motorists in North Carolina

Accidents involving uninsured or underinsured motorists can be particularly challenging, as they often leave victims struggling to recover damages without adequate financial support. In North Carolina, understanding how to handle these situations is crucial for protecting your rights and ensuring you receive the compensation you deserve.

Understanding North Carolina’s Insurance Requirements

Currently, North Carolina law requires all drivers to carry minimum liability insurance, which includes:

$30,000 for bodily injury per person
$60,000 for bodily injury per accident
$25,000 for property damage

However, North Carolina recently passed legislation increasing these minimum limits. Insurance policies and renewals issued on or following July 1, 2025, will require North Carolina drivers to carry liability insurance with the following minimum limits:

$50,000 for bodily injury per person
$100,000 for bodily injury per accident
$50,000 for property damage

Even with these requirements, however, drivers fail to meet these minimum limits or do not purchase any insurance at all. In those situations, having uninsured or underinsured motorist coverage is essential.

Check Your Own Insurance Coverage

Many drivers in North Carolina opt for uninsured/underinsured motorist coverage (UM/UIM) as part of their auto insurance policy. This type of coverage helps protect you if you’re involved in an accident with a driver who either has no insurance or insufficient coverage to cover your damages. Review your policy to confirm whether you have UM/UIM coverage and understand the limits and conditions.

File a Claim with Your Insurance Company

If you’re in an accident with an uninsured or underinsured driver, you should file a claim with your own insurance company. Provide them with all relevant information, including the accident report, details about the other driver’s lack of insurance, and any documentation of your damages and injuries. Your insurer will then assess your claim based on your UM/UIM coverage.

Document the Accident Thoroughly

Collect as much evidence as possible from the scene of the accident. This includes photographs of the damage, witness statements, and any police reports. Thorough documentation will support your claim and help establish the extent of your damages. If possible, get a copy of the other driver’s insurance information, even if they are uninsured or underinsured.

Consider Legal Action

If your insurance coverage is insufficient to cover your damages or if you encounter difficulties with your insurer, you may need to consider legal action. An attorney can help you navigate the complexities of insurance claims, negotiate with your insurer, and represent you in court if necessary. They can also assist in pursuing any potential claims against the at-fault driver directly, if feasible.

Seek Legal Advice

Handling cases involving uninsured or underinsured motorists can be complex. Consulting with an experienced personal injury attorney can provide you with guidance and help you understand your options. An attorney can advocate on your behalf, negotiate with insurance companies, and ensure that you receive fair compensation.

Conclusion

Dealing with uninsured and underinsured motorists in North Carolina requires a clear understanding of your insurance options and legal rights. By being proactive and informed, you can better navigate the challenges and work towards securing the compensation you deserve. Ward and Smith is ready to assist you in navigating the process and protecting your rights. Reach out to us today to speak with an experienced attorney and consider your legal options.