What to Do if An Underinsured Driver Hits You in North Carolina

Experiencing a car accident is incredibly distressing, but when the other driver doesn’t have insurance, it could be downright overwhelming. Fortunately, North Carolina’s insurance requirements and laws shape how you can protect your rights and pursue compensation. Below is a practical guide on what to do, your legal options, and how to navigate situations involving uninsured or underinsured motorists.

Steps to Take After a Crash With an Uninsured Driver in North Carolina

If you’re hit by someone who has no insurance, acting mindfully and quickly can make all the difference:

1. Ensure safety and call 911. If possible, immediately move to a safe location and check for injuries. Call 911 so police and emergency responders can arrive at the scene. A police report becomes crucial evidence later.
2. Collect information. Even if the other driver isn’t insured, collect:​
3. Their name, contact information, and driver’s license number
4. Vehicle details (make, model, license plate)
5. Photos of vehicle damage and the crash scene
6. Contact information for witnesses, if available
7. Document your injuries. Seek medical attention promptly. Some injuries don’t show symptoms right away. Keep detailed records of all medical treatment, bills, and notes about pain, missed work, or how the injuries affect your daily life.​
8. Report the crash to your insurance company. North Carolina requires you to report accidents to your insurer, including those involving uninsured drivers. If you have uninsured motorist (UM) coverage, this is typically the claim you will pursue.
9. Preserve evidence. Save everything related to the crash, including repair estimates, medical bills, wage statements, photos, and correspondence with insurance companies. Strong documentation can make a significant difference in your claim.

Can You Sue or File a Claim Against an Uninsured Driver in North Carolina?

Yes, you can file a lawsuit against an uninsured driver. North Carolina is a fault-based state, meaning you may pursue a personal injury claim directly against the at-fault driver even if they do not carry insurance. To succeed, you must show that the driver was negligent and that their actions caused your injuries and damages.

What If the At-Fault Driver Is Underinsured?

An underinsured driver has insurance, but not enough to fully cover your losses. In these situations:

• You typically file a claim with the at-fault driver’s insurance first.
• If their policy limits are insufficient, you may then pursue compensation through your own underinsured motorist (UIM) coverage.

UM/UIM coverage (as required under G.S. § 20-279.21) helps cover the gap between the at-fault driver’s insurance limits and the true cost of your medical bills, lost income, and other damages.

What Happens If You Hit an Uninsured Driver?

If you are involved in an accident with an uninsured driver, the outcome depends on who was at fault. If the uninsured driver caused the crash, you may still need to work through your own insurance company for vehicle repairs or medical expenses, depending on your coverage.

If you were at fault, your liability insurance generally applies and may cover the other driver’s injuries and damages up to your policy limits, even if they do not have insurance themselves.

The lack of insurance on the other driver’s part does not automatically increase your legal responsibility for the accident.

Contact a Car Accident Attorney Who Will Put You First

Being hit by an uninsured driver can create uncertainty, but understanding your options and taking the right steps can help you move forward. Speaking with an experienced North Carolina car accident attorney at Henson Fuerst early on can help protect your rights, especially when uninsured or underinsured drivers are involved. Reviewing your insurance policy and maintaining sufficient UM and UIM coverage can provide critical financial protection in the event of an unexpected loss.​

Contact us today by submitting an online form or calling our office at (919) 781-1107 for a free legal consultation.