What Happens If the At-Fault Driver Has No Insurance in North Carolina?

You were in a car accident. The other driver caused it. Then you find out they do not have car insurance.  

What happens now?  

Do not assume you cannot recover money just because the at-fault driver does not have insurance.  

There may still be insurance coverage available to pay for your injuries and losses.  

At Thompson Law Firm, one of the first things we do after a serious car accident is look for all available insurance coverage. That may include insurance on the other vehicle, insurance belonging to someone in their household, your own insurance, insurance belonging to someone in your household, or other policies that may apply.  

Thompson Law Firm is based in Winston-Salem, North Carolina, and we handle car accident cases throughout the state.  

No matter what city or county in North Carolina your accident happened in, contact us to see if we can help.  

What Happens If Someone Hits You Without Insurance?

Finding out that the person who caused your accident does not have insurance can be scary.  

You may already have medical bills, car damage, missed time from work, and injuries. Now you are wondering who is going to pay for everything.  

The good news is that the at-fault driver's insurance is not always the only place to look.  

North Carolina auto insurance policies may provide uninsured motorist coverage, often called UM coverage.  

This coverage may become important when the person who caused your accident does not have liability insurance.  

Instead of simply giving up on the claim, we investigate what insurance coverage may be available.  

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage is insurance that may protect you when you are injured by a driver who does not have insurance.  

This can feel strange at first.  

The other driver caused the accident, but you may end up making a claim through insurance coverage available to you.  

That does not mean you caused the accident. It also should not make your insurance go up.  

It simply means that uninsured motorist coverage may step in when the responsible driver does not have insurance available to pay the claim.  

How Do I Know If I Have Uninsured Motorist Coverage?

Do not assume you do or do not have coverage based on what you remember buying.  

We will review your actual insurance policy.  

One of the first things we can do is investigate the insurance coverage that was in place on the date of your accident.  

We may look at:  

• Your automobile insurance policy  
• The insurance policy covering the vehicle you were riding in  
• Policies belonging to certain members of your household  
• Insurance covering other vehicles  
• Policies connected to the at-fault vehicle  
• Business or commercial policies  
• Other insurance that may apply  

Insurance coverage can become complicated quickly.  

Our job is to look for as much available insurance coverage as possible.  

What If I Was a Passenger?

You may still have options.  

If you were a passenger in a vehicle and an uninsured driver caused the accident, there may be insurance coverage available even though you were not driving.  

We may need to look at the insurance covering the vehicle you were riding in and other policies that could potentially apply to you.  

Do not assume that being a passenger means you are limited to the at-fault driver's insurance.  

What If I Was Hit While Walking or Riding a Bike?

Uninsured motorist issues are not limited to people driving cars.  

If an uninsured driver hits a pedestrian, bicyclist, or someone in another type of accident, there may still be insurance coverage that needs to be investigated.  

Whether coverage applies will depend on the facts and the insurance policies involved.  

That is why we recommend having an attorney review the situation instead of assuming there is no claim.  

What If It Was a Hit-and-Run Accident?

Hit-and-run accidents can create similar insurance issues.  

Sometimes the driver who caused the crash leaves before anyone can identify them.  

You may not know the driver's name, where they live, or whether they have insurance.  

That does not necessarily mean you are out of options.  

Depending on the circumstances, uninsured motorist coverage may become important in a hit-and-run case.  

These cases can involve special requirements, so report the accident to law enforcement and contact an attorney as soon as possible.  

What If the Driver Has Insurance, But It Is Not Enough?

This is different from an uninsured driver.  

Sometimes the person who caused the accident has insurance, but the amount available is not enough to cover all of your injuries and losses.  

For example, a serious accident may involve surgery, a long hospital stay, months away from work, or permanent injuries. The available liability insurance may not be fully cover the claim.  

In that situation, we will search to see if the Defendant is insured under other policies and we will look to see if you have underinsured motorist coverage, commonly called UIM coverage.  

UIM coverage may provide another possible source of recovery after the available liability coverage is considered.  

We look at the insurance policies and the facts of the case to determine what coverage may be available.  

Can More Than One Insurance Policy Apply?

Possibly.  

This is one reason you should not give up just because someone tells you the at-fault driver does not have insurance.  

Depending on the facts, there may be more than one insurance policy that needs to be investigated.  

The vehicle you were in may have coverage. You may have your own policy. Other policies may also need to be reviewed depending on your situation.  

Insurance companies may not always volunteer information about every possible source of coverage.  

We want to investigate that ourselves.  

What If the At-Fault Driver Was Driving Someone Else's Car?

This is another important question.  

The driver may not personally have insurance, but the vehicle may be insured.  

If someone borrowed a friend's or family member's vehicle and caused an accident, we may need to investigate the insurance policy covering that vehicle.  

We may also need to determine who owned the vehicle, why the driver had it, whether they had permission to drive it, and what other insurance policies may apply.  

So when someone says, "The driver didn't have insurance," that may not be the end of the investigation.  

What If the Driver Was Working When the Accident Happened?

This can completely change the insurance investigation.  

If the driver was working, making a delivery, driving a company vehicle, or doing something for a business when the accident happened, there may be additional people, businesses, or insurance companies involved.  

We may investigate:  

• The driver's employer  
• The owner of the vehicle  
• Commercial auto insurance  
• The company the driver was working for  
• Other businesses involved  
• Other insurance policies  

A driver having no personal insurance does not necessarily mean there is no insurance available for the accident.  

Can You Sue the Uninsured Driver Personally?

Depending on the circumstances, a claim may still exist against the person who caused the accident.  

But simply getting a judgment against someone does not necessarily mean that person has money or assets available to pay it.  

That is why finding insurance coverage can be so important.  

We look at the entire situation rather than stopping the investigation when we learn the driver did not have insurance.  

What Can Uninsured Motorist (UIM) Coverage Pay For?

What may be recovered depends on the accident, injuries, available coverage, and North Carolina law.  

Depending on your case, your claim may involve losses such as:  

• Medical expenses  
• Future medical treatment  
• Lost wages  
• Loss of future income  
• Pain and suffering  
• Permanent injuries  
• Scarring  
• Other losses caused by the accident  

Every case is different, and the amount of insurance coverage available can also be different.  

What Should You Do After an Accident With an Uninsured Driver?

First, get to a safe place, call the police and get medical treatment if you are hurt. Even if your injuries do not seem serious right away, we recommend getting examined by a medical professional. Many times after an accident, our clients are in shock and do not realize how badly they are hurt until later.  

If you can, take pictures and videos of the vehicles, damage, accident scene, license plates, and other important evidence.  

Get the driver's name and information.  

Get the names and phone numbers of witnesses.  

Most importantly, do not give up on your case simply because the other driver says they do not have insurance.  

There may be coverage you do not know about.  

Be Careful Talking to Insurance Companies

If the at-fault driver does not have insurance, you may need to make a claim involving your own insurance company.  

Remember that even though it is your insurance company, it is still an insurance claim.  

We recommend speaking with an attorney before giving detailed statements or signing documents related to a serious injury claim.  

If you hire Thompson Law Firm, we can deal with the insurance companies for you.  

Will Making a Claim Against My Own Insurance Affect My Case?

Many people feel uncomfortable making a claim involving their own insurance.  

They may think:  

"Why should my insurance have to pay when I did nothing wrong?"  

That is an understandable question.  

But uninsured and underinsured motorist coverage exists for situations where the responsible driver does not have enough insurance available.  

You paid for insurance coverage to protect you when certain things happen. Making this type of claim should not raise your insurance either.  

An attorney can review your policy and explain what coverage may apply to your particular accident.  

How Can Thompson Law Firm Help?

When we handle an uninsured motorist accident, we do not simply ask whether the other driver has insurance and stop there.  

We investigate.  

Depending on the case, we may:  

• Determine who owned the at-fault vehicle  
• Look for insurance covering that vehicle  
• Review your insurance policy  
• Look for uninsured motorist coverage  
• Look for underinsured motorist coverage  
• Investigate other policies that may apply  
• Determine whether the driver was working  
• Investigate businesses that may be responsible  
• Gather evidence showing who caused the accident  
• Document your injuries and losses  
• Deal with the insurance companies  
• Negotiate your claim  
• File a lawsuit when necessary  

Our goal is to find as much available insurance coverage as possible for you.  

What If an Insurance Company Says There Is No Coverage?

Do not automatically assume that ends the case.  

Insurance coverage can be complicated.  

An insurance company may take the position that a policy does not apply. That does not mean you should simply accept the answer without understanding why.  

We may review the policy, the vehicle involved, who was driving, who owned the vehicle, the driver's relationship to the owner, and other facts surrounding the accident.  

Sometimes determining whether coverage exists requires a much deeper investigation.  

How Much Does a North Carolina Car Accident Lawyer Cost?

You do not have to pay us any money upfront to handle your car accident case.  

At Thompson Law Firm, you pay nothing unless we win, subject to the terms of your representation agreement.  

Serving Every City and County in North Carolina

Thompson Law Firm is based in Winston-Salem, North Carolina, but we handle car accident cases throughout the state.  

We handle accidents in every city and county in North Carolina.  

Whether your accident happened in Winston-Salem, Greensboro, Charlotte, Pembroke, Lexington, Raleigh, Durham, High Point, Fayetteville, Wilmington, Asheville, or a smaller town or rural area, contact us to see if we can help.  

You do not have to live in Winston-Salem or Forsyth County to hire Thompson Law Firm.  

Frequently Asked Questions

What happens if the person who hit me does not have insurance in North Carolina?

You may still have options. Uninsured motorist coverage or another insurance policy may apply. The important thing is to investigate all possible insurance coverage before assuming there is no recovery.  

What is the difference between UM and UIM coverage?

UM generally refers to uninsured motorist coverage and may become important when the responsible driver does not have liability insurance.  

UIM generally refers to underinsured motorist coverage and may become important when the responsible driver has insurance, but the available coverage is not enough for your claim.  

What if the driver says they have no insurance?

Do not rely only on what the driver tells you.  

We may investigate the vehicle, its owner, insurance records, and other possible policies.  

What if the uninsured driver was driving someone else's car?

There may be insurance covering the vehicle even if the driver does not personally have insurance. The policy and facts surrounding the driver's use of the vehicle should be investigated.  

What if I have my own car insurance?

Your own policy may provide coverage that applies to the accident. We can review the policy and investigate whether uninsured or underinsured motorist coverage is available.  

What if I was a passenger?

There may still be insurance coverage available. The policy covering the vehicle you were riding in and other potentially applicable policies should be reviewed.  

Should I talk to my insurance company?

We recommend speaking with an attorney before giving a detailed statement about a serious accident. If you hire Thompson Law Firm, we can deal with the insurance companies for you.  

Contact a North Carolina Uninsured Motorist Accident Lawyer

If you were hurt by a driver who did not have insurance, do not assume you cannot recover money for your injuries.  

There may be insurance coverage available that you do not know about.  

Thompson Law Firm can investigate the accident, review the available insurance policies, look for uninsured or underinsured motorist coverage, and determine whether there may be other sources of recovery.  

We are based in Winston-Salem and handle car accident cases throughout North Carolina.  

We handle accidents in every city and county in North Carolina.  

You pay nothing unless we win.  

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