Sorting out who is responsible for injuries and vehicle damage can be complicated when both drivers have insurance. But when you’re in an accident with a driver who doesn’t have coverage, seeking compensation can get even more complex.
Connecting with a car accident lawyer in Charlotte can help you determine the proper course of action if you’re hit by an uninsured driver. The other driver’s lack of coverage doesn’t necessarily mean there’s no path to accident compensation, but you’ll need to navigate North Carolina’s strict fault rules and take key steps as soon as you can after the crash.
Your Safety and Well-Being Come First
If you or anyone else is injured in the accident, call 911 before doing anything else. Even if you don’t think you have a serious injury, you should see a doctor soon after a crash. Not all injuries show up immediately, and it can take hours or days for symptoms of a concussion or internal injuries to show up. Prompt medical care protects your well-being, and medical records can also document when symptoms started and the treatment you received.
Even if you don’t need 911, you should still call law enforcement. An officer can document the scene and prepare a police report, which may become important when dealing with your insurance company later.
While you wait for help, start gathering information. Get the other driver’s name, address, license number, and vehicle details. Take photos of both cars, the road, and any visible injuries. Ask witnesses for their contact information. These details can be useful when you make a claim.
Skip the Apologies and Debates
Be careful about apologizing or discussing fault at the scene. Even a polite “I’m so sorry” can get twisted into an admission of fault later. Avoid debating fault at the scene or making statements that could be interpreted as accepting responsibility. If the other driver says they don’t have insurance, share that information with the responding officer.
Your Vehicle Insurance May Cover the Accident
After leaving the scene, call your insurance company for further instructions on what to do if you’re hit by an uninsured driver. When you report the accident, your insurer can explain whether uninsured motorist coverage may apply. This type of insurance covers you if an at-fault driver doesn’t have liability insurance.
In North Carolina, auto insurance policies issued or renewed on or after July 1, 2025, typically must include uninsured and underinsured motorist protection. Minimum liability limits also increased to $50,000 for bodily injury to one person, $100,000 for bodily injury per accident, and $50,000 for property damage. Depending on the policy and circumstances, uninsured motorist coverage may apply to injuries, vehicle damage, and other covered losses.
Even with uninsured motorist coverage, your insurance company may deny your claim. The insurer will likely investigate the accident, your injuries, and your claimed losses before deciding what it will cover.
Be prepared to provide a copy of the police report, information about what happened, and relevant documents, including repair estimates, medical bills, medical records, photographs, and correspondence related to the claim.
North Carolina’s Fault Rules Can Affect a Claim
North Carolina follows a contributory negligence rule, which can significantly affect a personal injury claim. If you’re found partly responsible for the crash, you could be barred from recovering compensation, depending on the facts.
For that reason, fault can become a make-or-break issue in an uninsured motorist case. For example, evidence that you were speeding or statements suggesting you contributed to the crash could become relevant when fault is evaluated.
Can You Sue an Uninsured Driver?
An injured person may be able to pursue a claim directly against an at-fault uninsured driver. However, a person without liability insurance may also lack sufficient assets to satisfy a judgment.
That doesn’t always make a lawsuit pointless, though. It simply means you should consider the driver’s financial circumstances and other available coverage sources before deciding what to do if you’re hit by an uninsured driver. A lawyer can review the available insurance policies, accident evidence, and potential sources of recovery to determine which options may apply.
Get Help Sorting Through Your Options
Knowing when to call a car accident lawyer and what to do if you’re hit by an uninsured driver helps make the aftermath of an accident easier to navigate.
If you have questions about a claim or coverage dispute, Yale Haymond Law PLLC can review the circumstances and explain possible legal options. Call (704) 800-4357 to request a consultation.
