A North Carolina UIM review involving multiple at-fault drivers should build the liability picture vehicle by vehicle and policy by policy before deciding whether underinsured motorist coverage is available or how a payment should be calculated.

“Multiple drivers” can describe several different problems: more than one negligent actor, more than one liability policy, multiple injured claimants, multiple insured vehicles, disputed allocation of fault, or several layers of coverage. Each should be recorded separately.

Create a coverage map for every vehicle and person

  • Driver, owner, employer or principal, vehicle, passenger, injured person, household member, named insured, and other potentially insured person
  • Liability carrier, policy number, policy period, declarations, per-person limit, per-accident limit, umbrella or excess coverage, reservation, denial, and payment
  • UIM carrier, policy language, applicable statutory version, insured status, covered vehicles, limits, stacking issue, notice, consent, advancement, preservation, and payment position
  • Alleged act for each driver, evidence supporting or disputing it, causal contribution, claimed damages, settlement amount, judgment, and allocation
  • Collision date, policy issue or renewal date, statutory effective dates, amendments, and the version of every document used in the analysis

Current statutory text controls the starting point

G.S. 20-279.21 contains North Carolina’s motor-vehicle liability, uninsured motorist, and underinsured motorist requirements. Its current text defines UIM coverage using total damages and applicable liability limits and contains provisions about payments, stacking, notice, consent, and preservation of rights.

The section has changed over time. A collision or policy governed by an earlier version may not be analyzed with current wording, and a current claim should not be decided from an older case summary without checking effective dates and the actual policy. The declarations page alone may not contain every applicable condition or endorsement.

Lunsford addressed older wording and several tortfeasors

In Lunsford v. Mills, the North Carolina appellate courts considered UIM issues arising from a collision involving multiple at-fault drivers and liability coverage. The opinions interpreted the statutory and policy language that applied to that dispute.

Lunsford remains useful for seeing why the number of tortfeasors, liability limits, recoveries, damages, and operative wording must be mapped. It should not be reduced to a universal statement that every UIM carrier may or may not take the same offset under current law.

Multiple tortfeasors and multiple claimants are different problems

This page concerns several persons whose conduct allegedly contributed to one injured person’s loss. A separate problem arises when several injured people compete for a per-accident liability limit. The number of liability policies, the number of claimants, the per-person and per-accident limits, and the UIM limits may affect different steps of the analysis.

The related guide to the multiple-claimant exception and North Carolina UIM coverage explains the claimant-side limit issue. Keeping those two tasks separate prevents the existence of several drivers from being mistaken for the existence of several claimants.

Preserve procedure before resolving the liability claims

  • Give notice to each potentially involved liability and UIM carrier using the policy and current law as the guide
  • Keep every settlement offer, release, covenant, consent request, response, advancement, payment, reservation, and deadline
  • Do not release a driver, owner, employer, vehicle, carrier, or claim without reviewing possible effects on UIM and subrogation rights
  • Separate agreed liability from disputed liability and paid limits from merely available or alleged limits
  • Update the coverage map when a new insured, policy, limit, amendment, payment, or causal theory appears

Test the calculation against the actual record

A defensible calculation identifies the damages figure being used, the legal and factual basis for each driver’s responsibility, the applicable liability limits, amounts actually paid, the UIM limit or limits, the statutory and policy language, and unresolved defenses. Several possible calculations may need to be shown when liability, damages, coverage, or governing language remains disputed.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about discussing a Charlotte car-accident claim involving multiple drivers and UIM coverage. Liability, coverage, limits, notice, releases, preservation, payment, damages, and deadlines depend on the individual policies, dates, facts, and current law.

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