What to Do When Hit by an Uninsured or Under-Insured Driver

Being injured in a car accident can be incredibly frustrating. Medical expenses coupled with lost income may seem insurmountable. What if the person at fault has no auto insurance or not enough?

In 2022, 7.4% of drivers in North Carolina were uninsured. That’s nearly 570,000 drivers without liability insurance.

What Are North Carolina’s Insurance Requirements?

For policies issued or renewed on or after July 1, 2025, NC requires minimum liability limits of $50,000 per person, $100,000 per accident, and $50,000 for property damage (older policies may carry the prior $30,000/$60,000/$25,000 minimums until renewal). Insurance companies must provide an equal sum of uninsured motorist coverage. Minimum policy = $50,000 in uninsured motorist coverage.

Whose Insurance Pays for Accidents in North Carolina?

NC is a fault state. The person who causes an accident is financially responsible up to policy limits. NC observes contributory negligence — if you bore any fault, you can’t recover from them, even at 99%/1%.

If the other driver has no insurance, two avenues for recovery: (1) medical payment benefits on your policy regardless of fault, (2) file with your own insurance under uninsured motorist benefits.

What Is North Carolina’s Uninsured/Underinsured Motorist Provision?

UM coverage comes with your auto liability policy. Limits equal liability limits.

UIM is optional. Limits equal liability limits.

What Steps Should I Take if I’m Hit by an Uninsured or Underinsured Motorist?

Law enforcement requests proof of insurance. Sometimes uninsured drivers produce proof but their policy may be lapsed.

If filing a UM/UIM claim, your insurance company demands proof of fault, plus proof the other party lacks liability insurance (UM) or that damages exceed their coverage (UIM).

First step after medical attention: consult an experienced personal injury attorney.

Let Me Advocate for You

Reach out to Robert Louis Armstrong Personal Injury Attorney in Wilmington. Free consultation. No fee unless you recover.