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Last Modified on Apr 08, 2026
After a crash, it is natural for most people to assume that the other driver’s insurance company is going to pay for repairs to their vehicle. Sometimes it works out that way; sometimes your own insurance covers your damages. But what if you are hit by an uninsured driver in North Carolina? Here, we explain some of the car accident laws that might apply to your car accident case in the event you are hit by an uninsured driver.
North Carolina Uninsured Motorist Insurance Coverage
In North Carolina, uninsured motorist (UM) coverage kicks in when an at-fault driver does not have insurance. In essence, it functions as a substitute for the at-fault driver’s liability insurance. UM coverage may extend to bodily injury and/or property damage, depending on how much coverage your policy offers.
Insurance coverage is required under N.C. Gen. Stat. § 20-279.21 for anyone driving a car in the state of North Carolina. Unfortunately, there are drivers who do not obey this law, and the problem isn’t just in North Carolina. In 2023, an estimated 15.4% of all drivers in the US were uninsured.
When drivers do not have the required state minimum liability coverage and are involved in an accident, uninsured motorist insurance is a vital resource for many injured victims. This coverage only works, though, if you can establish that the uninsured motorist was responsible for the collision.
What to Do if an Uninsured Driver Caused Your Accident
Your actions immediately following any accident can affect the processing of your insurance claim. Contacting the police is always a good idea. This provides insurance companies with an official police report. This can aid in determining fault. Photos, witness information, and other driver information can help memorialize evidence that may otherwise get lost. Notifying your insurance company of the accident is also recommended, even if the other driver was uninsured.
Waiting to file the claim may make the process more difficult or cause the insurer to question your injuries or damages. Accurate recordkeeping is an important part of substantiating a claim as it unfolds. Therefore, stay diligent regarding your claim, documentation, and timely reporting of your accident. The North Carolina Department of Insurance, located in Raleigh on Beechleaf Court, handles these types of claims.
What Damages May Be Available Through Your Own Insurance Policy
If an at-fault driver is uninsured, recovery may be available through the non-fault driver’s own insurance, depending on the coverage included in their policy. An uninsured motorist policy may cover medical costs, lost wages, and pain and suffering damages that are related to the accident. If they have collision coverage or separate uninsured motorist property damage coverage, it may cover damages to the non-faulted driver’s vehicle.
Both types of coverages have limits, however, and the extent of recovery is based on the actual losses and policy limits outlined in the insurance policy. When someone purchases an insurance policy, they are asked to select the types of coverage and amounts they wish to insure.
Pure Contributory Negligence
North Carolina is one of the few places where the rigid pure contributory negligence doctrine is still the law. In North Carolina, if you are 1% at fault, you can be completely ineligible to seek damages. Consequently, many of the cases involving uninsured drivers often end up in civil court. The fact that a driver is uninsured does not change the liability of an accident. Liability must still be determined, even if the other driver has no insurance.
If you have to establish fault via an investigation, it may be easier to recover compensation, as long as you aren’t faulted as a result of the investigation.
Insurance companies review car accident cases through a filter of what it might cost them when determining liability. They may view the police report, witness statements, and property damage or conduct their own investigation or reconstruction. An experienced North Carolina car accident attorney knows how to communicate effectively with car insurance companies.
Hire a Car Accident Lawyer Who Is Equipped to Handle Your Car Accident Case
Since 2006, Butler, Quinn & Hochman, PLLC, has effectively represented Charlotte residents. We represent clients in personal injury car accident cases, including those accidents where insurance coverage is unclear or the at-fault driver is uninsured. By reviewing the facts of the accident, we can determine where each driver’s insurance coverage applies and where it doesn’t. Our knowledgeable North Carolina car accident attorneys can provide guidance for you as well.
FAQs
How Common Are Car Accidents in North Carolina?
Car accidents are very common in North Carolina. In 2024, the North Carolina Department of Transportation documented 284,546 traffic crashes. This data illustrates just how often accidents happen and how important it is to maintain state-required car insurance coverage. If you’re having trouble navigating your car accident claim, when you hire a car accident lawyer to help you navigate the legal process, you gain access to their arsenal of resources.
How Many People Are Injured in North Carolina Car Accidents?
Traffic accidents in North Carolina frequently result in injuries. In 2024, there were 113,602 people injured in traffic crashes in North Carolina, according to the North Carolina Department of Transportation. This highlights the prevalence of car accidents but also underscores the significance of insurance in covering damages associated with car accident injuries.
Where Do Car Accidents Commonly Occur in Charlotte?
Accidents in Charlotte are common on roadways with stop-and-go traffic or driver speed fluctuations. Accidents are more likely to occur on busy roads, like I-77, I-85, and major corridors, such as Independence Boulevard, where traffic flow is constant. Charlotte car accidents are also likely to occur during peak commute times and at places where there are many lanes of traffic that bottleneck, like I-77 and I-85 near the Charlotte Douglas International Airport or at I-77 in Huntersville.
Can an Uninsured Driver Face Penalties in North Carolina?
Driving without insurance in North Carolina may result in separate penalties from any claim resulting from an accident. A driver could be subject to penalties from the North Carolina Division of Motor Vehicles that may include fines, suspension of driving privileges, and costs to reinstate driving privileges. These fines could be incurred whether the uninsured driver was responsible for the accident or not.
Connect With a Reputable Charlotte Car Accident Lawyer
Butler, Quinn & Hochman, PLLC, works with people throughout the Charlotte area who have been involved in car accidents with uninsured drivers. We carefully review each case we represent in support of our clients’ accident claims. If liability is in question, we have the resources to help determine who was responsible for the accident. the appropriate response based on the unique facts of the case. When policy language is ambiguous, we can get answers.
If you need to hire a car accident attorney, there aren’t many law firms that uphold as high standards as Butler, Quinn & Hochman, PLLC. To experience the difference for yourself, contact us and schedule a consultation.
