What Happens if I am Injured by a Driver Without Insurance?

2-1024x1024What Happens if I am Injured by a Driver Without Insurance?

There are, on average, 6 million vehicle accidents every year in the United States. Chances are, you will be involved in a traffic crash at some time or another in your life. Fortunately, most car accidents are minor and do not result in serious injuries. Sometimes, however, the victim of a crash could be severely hurt and might suffer tremendous damages. In North Carolina, a victim of a car accident is allowed to seek damages from the negligent driver as long as the victim is not at fault.


Insurance Coverage Requirements in North Carolina

Drivers in North Carolina must have insurance coverage on their vehicles. The North Carolina Motor Vehicle Financial Responsibility Act is legislation that requires drivers to carry liability insurance. Liability insurance is insurance that covers drivers and occupants to protect against injuries and damages caused by negligent drivers. Drivers must also carry insurance to protect against uninsured motorists. The state requires you to hold a policy with an insurance company that is licensed by the North Carolina Department of Insurance.


The law requires drivers to have a minimum amount of liability insurance. These minimums are currently set at $30,000 for bodily injury and $25,000 for property damage. Your own insurance policy would pay these amounts in the case of an accident with an at-fault driver who is not insured or is underinsured. With an underinsured driver, you would need to file a claim with your own insurance company, which will then seek to resolve the matter with the negligent party’s insurance company.


Charlotte Injury Lawyer Matt Arnold answers the question: “What happens if the at-fault driver doesn’t have insurance?”


Uninsured Motorist Insurance Coverage

Uninsured motorist insurance will provide you and your passengers with payment for your injuries and damages up to the amount provided by your policy. Unless you purchased more than the minimum required by law, your insurance will only cover up to $30,000 for injuries. You may find that you easily junk-yard-4-1498128-1024x768 exceed that amount, which is supposed to cover your medical expenses, lost wages, and other damages. If the negligent driver was not insured, you have the option to file a lawsuit against him or her to obtain the compensation that meets your needs.


What Should I Do After an Accident with an Uninsured Driver?

If you were in an accident with an uninsured driver who was at fault for the crash, you are entitled to compensation for your damages. Always contact the police at the time of the accident to file a report. By law, drivers must remain at the accident site and exchange information. If possible, take photos of the accident before you move the vehicles. Seek medical treatment as soon as possible. Contact an attorney before you call your insurance company. Your lawyer will work with your insurance company and help determine your options. It is best to understand the best course of action before you proceed.


If you were hurt in an accident that was not your fault, you are entitled to compensation for your damages. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial case consultation.






The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.



Section 20-279.21 – [Effective Until 1/1/2025] “Motor vehicle liability policy” defined, N.C. Gen. Stat. § 20-279.21 | Casetext Search + Citator

Auto and Vehicle Insurance | NC DOI


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