According to 2022 estimates, a striking 10.3% of North Carolina drivers are uninsured. In other words, 1 in 10 car accidents that occur within the state are bound to involve an uninsured driver. When you throw a personal injury into the mix, things start to get especially complicated. This article outlines precisely what you can do to protect yourself in these tricky situations.
What Should I Do Immediately After Getting in an Auto Accident with an Uninsured Driver?
The process is largely similar to any other typical injury-causing car accident:
- Move to a safe location.
- Call 911 (the police and ambulance, if necessary).
- Do NOT admit fault or discuss your injuries extensively.
- Gather any information you can (driver’s name, contact details, and vehicle information).
- Collect contact information of any witnesses.
- Take photos and videos of the scene, vehicle damage, and your injuries.
- Once a police report is filed, take note of your police report number.
- Get injuries checked by a doctor promptly, even if they seem minor.
- Put your treatment records in a safe place.
- Consult Flexner Houser personal injury attorneys for a free consultation.
- Notify your insurance company (within 24 hours).
Fun Fact: You Likely Already Have Uninsured Motorist (UM) Coverage
What is Uninsured Motorist (UM) Coverage?
Uninsured Motorist (UM) coverage is a type of insurance policy that protects you if you get into an accident and the at-fault driver does not have car insurance.
North Carolina law requires all standard liability insurance policies to include some degree of UM coverage for both bodily injury and property damage. In other words, you may actually already have UM coverage, even if you didn’t intentionally purchase it.
How Does UM Coverage Work in North Carolina?
In a typical personal injury case, you file compensation from the at-fault driver or their insurance company. But when the at-fault driver has no insurance, they have limited means to pay for extensive injuries or other damages.
That’s where your own UM coverage comes into play.
Instead of filing a claim against the other driver, you file a claim against your insurance company. Depending on your specific policy and the circumstances of your case, you’ll be able to use your UM policy to secure compensation for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
What if I Don’t Have UM Coverage?
Without UM coverage, your options are a bit more limited. Collision coverage on your insurance policy, along with your health insurance policy, can help. But again, such cases are extremely rare in North Carolina, where UM coverage is mandatory.
What is Underinsured Motorist (UIM) Coverage?
Underinsured motorist (UIM) coverage protects you in scenarios where the at-fault driver has some auto insurance, but not enough to cover your damages.
9 Critical Tips for Personal Injury Claims with an Uninsured Driver
- Never admit fault or apologize.
Stick to the facts. Even if you think you might have contributed, do not admit fault or apologize at the scene or in a conversation with your insurance adjuster. Such statements can be used against you down the road.
- Consider your own insurer an adversary.
When it comes to personal injury claims involving uninsured drivers, your insurer no longer has your best interest at heart. Even though it’s your policy, your insurance company may still pull out all the stops to try to minimize payouts.
- Keep detailed records.
Your attorney will need a handful of records to build and defend a strong case for compensation:
- Medical bills and receipts
- Prescription costs
- Lost wages due to time off work
- Vehicle repair estimates and receipts
- Transportation costs for medical appointments
- Any other out-of-pocket expenses
- Personal records of any pain and suffering experienced
- Get legal advice before speaking with any insurance adjuster.
You have 24 hours after an accident to notify insurance. But if at all possible, reach out to an NC personal injury attorney for advice on how to handle the conversation and what phrasing to avoid to preserve your right to compensation.
- Be prepared for tricky insurance tactics.
Your insurance adjuster will likely attempt to offer you a lowball settlement in the hopes that you’d be willing to accept less than you deserve and move on. They may deny or delay your claim for reasons unknown, or simply be unnecessarily aggressive.
- Be aware of North Carolina requirements & deadlines.
The North Carolina statute of limitations gives you three years from the date of injury to file a personal injury claim. Furthermore, under North Carolina’s pure contributory negligence rule, you aren’t eligible for any compensation if you bear even the slightest degree of fault.
- Check your uninsured/underinsured motorist insurance limits.
Your auto insurance policy should include Uninsured Motorist Bodily Injury (UMBI) and Uninsured Motorist Property Damage (UMPD) coverage. This should cover damages to you, your passengers, and your vehicle up to a point. Examine your insurance policy details carefully to identify the stated policy limits.
- Do NOT accept money or “settlements” directly from the uninsured driver.
At the scene of the accident (or shortly thereafter), the uninsured driver may try to offer you cash to avoid legal consequences. Do not accept it! You likely don’t know the full extent of your damages or injuries at that point, so accepting money could waive your rights to further compensation.
- Consult with a reputable NC personal injury attorney.
While you focus on your recovery, your attorney can:
- Identify all available coverage and explain the nuances of your UM/UIM policy.
- Gather evidence, interview witnesses, and reconstruct the accident to determine the full extent of your damages.
- Handle all communication with insurance adjusters, protecting your rights and negotiating for maximum compensation.
- Prepare your case and represent you in court if a fair settlement cannot be reached through other means.
Driver Injuries Alone — Call Flexner Houser Today!
With a long history in the North Carolina personal injury scene, the Flexner Houser Injury Law team has extensive experience with complex cases involving uninsured drivers. If you’ve been injured by an uninsured driver in North Carolina, don’t delay. Contact Flexner Houser Injury Law today for a free, no-obligation consultation.
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