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Car Accidents with an Uninsured Driver

Being involved in a car accident is always stressful, but if the person who caused the accident is uninsured or underinsured, you have the additional burden of worrying about whether you will receive any compensation to help cover repairs, hospital bills, and missed time at work.

What to do After a Car Accident?

If you're involved in an accident, the first thing to do is to seek medical attention for everyone involved in the crash. If you are able, trade insurance information with the other driver at this time. This will likely be when you find out that they are uninsured, though some drivers will supply false information about their insurance and you won’t find out about their lack of insurance until you call the insurance company.

Because uninsured drivers may be scared to give you their real contact information, be sure to take a picture of their license plate or write the plate number down to give to the police if it is necessary to contact them later. The NC Department of Insurance advises you not to agree to “forget about the accident” with the other driver because you may have vehicle damages that you don’t immediately see, an injury that causes you issues hours or days after the crash, or find out later that the other driver has filed a  lawsuit against you.

Consider Hiring a Personal Injury Lawyer

Depending on the circumstances, you should consider contacting a Charlotte personal injury lawyer next. An experienced North Carolina car accident attorney can help you navigate the legal process and ensure that your rights are protected. They can help guide you through the process and even contact the insurance companies on your behalf. It can be overwhelming to worry about totaled cars, medical bills, and recovering from the accident, but a good attorney can calmly and capably guide you through the complex red tape of dealing with multiple insurance companies and remove much of the stress from the situation.

What Your Attorney Will Do

Once you have an attorney he or she will notify your insurance company as soon as possible. Your attorney will also provide you with a list of documentation that they need and will provide you with the steps on how to proceed with the process of negotiating your property damage. Your attorney company can also contact the other driver’s insurance company for you. They might come back with the bad news that the other driver has no insurance, or maybe that the driver is underinsured and cannot cover the total cost needed for car repairs and medical bills.

Documenting the Accident

Documenting the accident thoroughly is another important step in protecting yourself. The police should be contacted to come to the scene for any collision that has damages. Be sure to take photos of the damage to both vehicles and the scene of the accident. Write down the names and contact information of any witnesses, and make note of any other relevant details about the accident. The police should provide you with a copy of their report, which would be needed by everyone involved in working on the case.

North Carolina Insurance Requirements

In North Carolina, the statute that governs uninsured drivers is North Carolina General Statute 20-279.21, which is part of the state's Financial Responsibility Act. This statute requires all drivers in the state to carry liability insurance to cover the damages and injuries they may cause in the event of an accident. The minimum requirements for an insurance policy in NC are:

  • ​Bodily injury (one person) ​​$30,000
  • ​Bodily injury (two or more people) $60,000
  • ​Property damage ​$25,000

If a driver does not have insurance and causes an accident, they may face penalties, including license suspension and fines. Additionally, the state of North Carolina requires all drivers to carry uninsured motorist coverage as part of their auto insurance policy. This coverage can provide compensation for damages and injuries caused by an uninsured driver, up to the policy limit. If the driver who caused the crash does not have insurance, your own policy’s coverage may be able to compensate you for your losses.

Recovering Injury Compensation

While the other driver may have broken the law by not carrying the correct insurance, you still have several ways to recover compensation for the damages caused by the accident. You do have the right to file a lawsuit against them and if they are found to be at fault, a lien could be put against their personal assets, like a home or a savings account to cover their financial obligation.

Contact the Charlotte Law Firm of Rosensteel Fleishman to Discuss Your Case

Before choosing a personal injury lawyer to represent you in any case, be sure to ask them about their experience in resolving uninsured motorist claims.” advises Matt Fleishman, an attorney at Rosensteel Fleishman, PLLC. “We have the experience and track record to handle complex insurance claims and negotiate with insurance companies on your behalf.

Call the attorneys at Rosensteel Fleishman, PLLC today at 704-714-1450 for a free consultation about your case.

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