Even though the state enforces penalties for driving without insurance, the data from the Insurance Information Institute shows that over 10% of drivers in North Carolina are uninsured.
The process for filing an injury claim after an accident with an uninsured driver requires knowledge of North Carolina car accident laws and your insurance policy. As you navigate this complex process, this post will explain how to secure a settlement after an accident with an uninsured driver.
Uninsured Drivers Vs. Underinsured Drivers
Before explaining the process for filing a claim involving injuries after an accident with an uninsured driver, let’s review the legal difference between uninsured and underinsured drivers.
Under the North Carolina Motor Vehicle Safety and Financial Responsibility Act of 1953, a vehicle is uninsured if it has no bodily insurance policy and property liability insurance policy meeting the minimum limits of state law. A car may also be uninsured when the insurance company denies the policy exists or has become bankrupt.
North Carolina has a 30/60/25 minimum standard for car insurance coverage. Each driver must have at least $30,000 individual bodily injury insurance, $60,000 total bodily injury insurance, and $25,000 property damage insurance. Insurance companies often bundle bodily insurance coverage and uninsured driver coverage. If your policy covers $60,000 of total bodily insurance coverage, you will also receive $60,000 in uninsured driver coverage.
Underinsured Driver Insurance is Opt-in In North Carolina
While North Carolina mandates policies covering injuries with uninsured drivers, underinsured driver insurance is optional.
In cases where a driver is under-insured for the total amount of injuries they caused in a car accident, you can file a claim with a car accident lawyer to determine their policy limits and potentially take the at-fault driver to trial to secure a settlement exceeding the limits of their insurance policy.
North Carolina Allows Stacking of Uninsured Insurance Policies
North Carolina is one of several states that allows insurance policy stacking in specific circumstances. Stacking combines uninsured motorist coverage from several vehicles for one total settlement after an accident with an uninsured driver. The stacking process can be complex and requires a comprehensive understanding of North Carolina’s car insurance laws. Book a free consultation with Lakota Denton to explore whether stacking is an option in your accident case.
Tips for Securing Maximum Settlement Value After a Car Accident with an Uninsured Driver
Get a Copy of the Police Report
The police report created after your car accident will explain how the accident occurred, the names of the vehicle occupants, the road conditions, and the contributory circumstances behind the crash. Under North Carolina’s contributory negligence statute, injured parties may only file a claim if they are less than 50% responsible for the collision. The courts will use the police report as evidence supporting your uninsured driver injury claim.
In the case of a hit-and-run accident, you can only claim a settlement under your uninsured motorist coverage if you report the accident to the police within 24 hours. Filing a report with the police and securing a copy of the police is the foundation of your claims process.
Review Your Insurance Policy and Notify Your Insurance Company
Under the terms of your insurance policy, you must provide timely notice of your accident and injuries to the insurance company. Failing to provide timely notice may void your claim for a settlement under your policy unless you can explain your failure to provide notice was outside your control, for example, due to injuries. The notice period could be as short as one week or up to 30 days.
Before calling your insurance company to notify them of the accident with the uninsured driver, reach out to car accident lawyer Lakota Denton to explore your legal options. He can help you prepare for this initial conversation and even handle the forthcoming communications with the insurance company to safeguard your rights to a higher settlement.
Explore Potential Third-Party Claims
Your car accident attorney can help you evaluate the potential third parties involved in the accident. Third parties may be liable when more than one vehicle is involved in a car crash. When a driver causes an accident due to being over-served at a restaurant or a bar, you may be able to file a personal injury claim against the establishment under North Carolina’s dram shop laws. Lakota Denton has a wealth of experience in this complex area of car accident law and can help you navigate third-party insurance claims and potential legal strategies.
FAQ on Car Accident Injures and Uninsured Drivers
How can a personal injury lawyer help when an insurance company denies a claim?
If your insurance company denies a claim for an accident involving an uninsured driver, car accident lawyers like Lakota Denton can step in. Your lawyer will review your policy and handle all communications with the insurance company until you reach a fair settlement.
What factors determine a settlement after an accident with an uninsured driver?
The primary factor is the driver’s ability to settle and their assets. The severity of your injuries, recovery timeframe, and the extent of your employment post-injury are also crucial determining factors for the settlement.
Will I have to take the other parties to court to retrieve a fair settlement in my case?
The data shows that over 95% of personal injury cases are settled pre-trial. However, taking a non-insured driver to trial might be the best option for you to maximize the settlement and ensure payment for your range of accident damages. As an experienced trial attorney, Lakota Denton has represented many accident victims in the North Carolina courts. He can help prepare your accident case for trial should the insurance refuse to negotiate in good faith.
I was a pedestrian hit by an uninsured driver. Can I still find a claim through my car accident insurance?
Yes. You can still file an uninsured motorist claim through your car accident insurance company as a pedestrian. Pedestrian accident injuries are often severe. Choose a North Carolina attorney with a background in negotiating claims for pedestrians and who understands the process of investigating pedestrian accident claims and coordinating the claims process between the injured client and their insurance company.
Discover the Potential Value of Your Car Accident Case – Book a Free Consultation with Lakota Denton
Lakota Denton will bring years of local successful North Carolina car accident claims negotiation experience to your case. His forthright negotiating style, broad legal knowledge, and proven results at trial make him a formidable legal advocate. Call Lakota Denton now at 828-677-3019 to confirm your free, no-obligation consultation.