At Mogy Law, we are dedicated to helping individuals in Raleigh and throughout North Carolina get the justice and compensation they deserve after a car accident. Our team of experienced car accident attorneys understands the challenges you face and is here to guide you through every step of the legal process. Whether you’re dealing with an uninsured driver or need help navigating complex insurance claims, we’re committed to fighting for your rights and providing personalized legal support.
A car accident can be overwhelming, and it becomes even more complicated when the at-fault driver doesn’t have insurance. In North Carolina, being involved in an accident with an uninsured driver can leave you wondering how to recover the compensation you deserve for medical bills, property damage, and lost wages. Fortunately, there are legal options available, from filing an uninsured motorist claim with your own insurance company to taking legal action against the at-fault driver.
In this blog, we will discuss your legal options after if the at-fault driver doesn’t have insurance, and explain how working with an experienced Raleigh car accident attorney can help you navigate the claims process and maximize your chances of receiving fair compensation.
What Does It Mean When the At-Fault Driver Has No Insurance?
When you are in a car accident caused by another driver, you expect their insurance company to pay for damages. But if the at-fault driver doesn’t have insurance, recovering money becomes more difficult. Here’s what that means for you in North Carolina.
What Is an At-Fault Driver?
An at-fault driver is the person who caused the car accident. Under North Carolina law, the at-fault party is responsible for paying for injuries and damage. Usually, their liability insurance covers these costs. But if they don’t have car insurance, there is no insurance company to handle your claim. You may have to use your own insurance company or explore other options.
Why Do Some Drivers Not Have Insurance?
Some drivers don’t carry car insurance, even though North Carolina requires it. They may let their insurance policy lapse by missing payments. Others may never buy adequate insurance at all. Some drivers only carry minimum liability coverage, which may not be enough to cover serious damage. These drivers are called uninsured or underinsured.
The Impact on Accident Victims
If the at-fault driver doesn’t have insurance, accident victims face many problems. You may have medical bills, property damage, lost wages, and serious injuries with no easy way to get paid. Since there is no liability insurance, you can’t file a claim against their car insurance company. You may need to use uninsured motorist coverage from your own car insurance policy.
Uninsured Drivers and Your Legal Rights
If an at-fault driver doesn’t have insurance, you still have legal options. You can file an uninsured motorist claim with your own insurance company if you carry uninsured motorist coverage. You can also sue the uninsured at-fault driver, but many have no money or bank accounts to pay a judgment.
Why Uninsured Motorist Coverage Matters
Uninsured motorist insurance coverage (UM coverage) protects you when the other driver has no insurance coverage. It can pay for medical expenses, vehicle damage, and other costs. If you don’t have UM coverage, or if your limits are too low, you may struggle to get full compensation. An experienced car accident lawyer can help review your car insurance policy and explain your legal rights after a motor vehicle accident with an uninsured driver.
North Carolina’s Insurance Requirements: Why This Matters to You
Understanding North Carolina’s insurance requirements is important if you are ever in a car accident, especially when the at-fault driver doesn’t have insurance. These laws affect how much compensation you can recover.
Minimum Liability Insurance Requirements in North Carolina
In North Carolina, drivers must carry minimum liability insurance. The state requires $30,000 for bodily injury per person, $60,000 for total bodily injury per accident, and $25,000 for property damage. This liability coverage pays for medical expenses, property damage, and other losses caused by the at-fault driver. However, if the at-fault driver doesn’t have insurance, you can’t file a claim through their insurance company, leaving you with fewer options for compensation.
Uninsured and Underinsured Motorist Coverage (UM/UIM)
Uninsured motorist coverage (UM) is required in North Carolina. If the at-fault driver has no insurance, your UM coverage helps cover your medical bills, vehicle damage, and other expenses. Underinsured motorist coverage (UIM) is optional but recommended. It applies if the at-fault driver has insurance, but their limits aren’t enough to cover your full costs. UIM ensures you don’t have to pay the difference out of pocket.
Why You Need More Than Minimum Coverage
The minimum liability insurance required by North Carolina might not be enough if you’re involved in a serious car accident. Medical bills, vehicle repairs, and lost wages can add up quickly. If the at-fault driver is uninsured or underinsured, your own coverage becomes even more important. Having higher UM or UIM coverage ensures you can recover more of your losses without paying out of pocket.
Why Insurance Requirements Matter After an Accident
Knowing North Carolina’s insurance requirements and the coverage you carry is key after a car accident. Without uninsured motorist or underinsured motorist coverage, you may have to cover medical treatment, vehicle damage, and lost wages yourself. It’s crucial to check your car insurance policy and make sure you have adequate coverage. An experienced car accident lawyer can help you understand your legal options and fight for the compensation you deserve.
Legal Options After a Car Accident And The At-Fault Driver Doesn’t Have Insurance
If you are involved in a car accident and the at-fault driver doesn’t have insurance, you still have options for recovering compensation. Below are your key legal options for handling the situation.
File an Uninsured Motorist Claim
If you have uninsured motorist coverage (UM) on your car insurance policy, you can file a claim with your own insurance company. UM coverage helps pay for your medical bills, vehicle damage, and other costs caused by the uninsured driver. Your insurance carrier will then seek reimbursement from the uninsured driver, if possible. This option ensures you don’t have to pay out-of-pocket for the damages.
Consider Underinsured Motorist Coverage
If the uninsured driver has some insurance, but it is not enough to cover all your expenses, underinsured motorist coverage (UIM) can help. UIM coverage bridges the gap between what the at-fault driver’s insurance covers and what you owe. This can include medical expenses, property damage, and lost wages. If you don’t already have UIM coverage, it’s highly recommended for better protection in case of an underinsured or uninsured driver.
Sue the At-Fault Driver
If the uninsured driver has no insurance, you may choose to sue them for personal injury and property damage. However, this option can be risky. Many uninsured drivers have limited assets, which may make it difficult to collect any money. Even if you win the case, you may struggle to recover anything. It’s important to evaluate the financial situation of the at-fault party before pursuing this option.
File a Claim for a Hit and Run Accident
If the uninsured driver flees the scene of the accident, it may qualify as a hit-and-run. In this case, you can still use your uninsured motorist coverage. Hit and run accidents are covered under UM insurance in North Carolina, even if the other driver is never found. You will need to provide proof that the accident occurred and follow the necessary legal steps to file a claim.
Consult With an Experienced Raleigh Car Accident Lawyer ASAP!
If the at-fault driver doesn’t have insurance in your car accident, it’s important to understand your legal options and take action quickly. Don’t face the complexities of insurance claims and legal battles alone. Our team at Mogy Law is here to provide the guidance you need, helping you navigate the process and fight for the compensation you deserve.
Contact us at (901) 443-9133 for a free case consultation today!
