Do I Have a Valid Uninsured Motorist Claim in North Carolina?

Car accidents can be frightening and stressful experiences, especially if the at-fault driver does not have car insurance. Even though North Carolina law requires all drivers to pay for car insurance, some drivers continue to drive uninsured. Uninsured drivers face a fine under North Carolina law, but that does not help the other innocent drivers involved in the car accident. In 2012, uninsured motorist claims cost $2.6 billion dollars in bodily injury payments alone.

If you have suffered an injury in a North Carolina car accident, you may need to file an uninsurance claim with your own insurance company. At Arnold & Smith, PLLC we have helped many clients secure compensation through insurance claims throughout the years. To discuss your car accident, contact our Charlotte law firm today and schedule a free initial consultation.

North Carolina requires all drivers to have at least $30,000 in bodily injury coverage and $60,000 in total bodily injury coverage per accident. Drivers must also have policies that cover a minimum of $25,000 in property damage. According to the Insurance Information Institute, approximately 6.5% of North Carolina residents did not have car insurance in 2015. While this percentage may seem low, based on North Carolina’s population of 10.38 million people, 675,000 drivers are uninsured.

Unfortunately, if an uninsured driver causes your accident, you obviously cannot file a claim through his or her insurance company to be compensated for any expenses that result from the incident. Even minor car accidents can cause thousands of dollars in property damage, missed work and medical bills. Your other options are to file an uninsured motorist claim with your own insurance company or to sue the at-fault driver in a civil court for your injuries. Drivers are required to have uninsured motorist coverage. If you pay for a motor vehicle insurance policy, your policy probably includes uninsured motorist coverage for this exact purpose.

If you have suffered an injury caused by an uninsured driver, you will probably need to file an uninsured motorist claim with your own insurance companies. It is wise to speak with a skilled Charlotte car accident attorney before filing your claim. Insurance companies attempt to deny as many claims as possible. If your claim contains inaccurate or incomplete information, the insurance company may deny your claim.

Filing an accurate and timely uninsured motorist claim is essential. Many times, the uninsured motorist is insolvent, meaning he or she does not have the necessary assets to pay for your personal injuries. When the uninsured driver is insolvent, it may not be worth filing a personal injury lawsuit against him or her. Even if you won, the defendant would not be able to pay the damages amount. Thus, it is essential to secure compensation through your own insurance by way of an uninsured motorist claim.

Insurance companies will usually pay uninsured motorist claims when the following conditions are met:

• The claimant was involved in a bike, truck, car, or motorcycle accident
• The claimant suffered injuries from the accident
• The other driver did not have automobile insurance at the time of the accident

It is wise to obtain a copy of the car accident report created by law enforcement officials. Both uninsured and underinsured motorist claims must be filed against the injured person’s policy. If you have suffered an injury caused by an uninsured driver, you may want to procure a copy of your insurance policy and read the terms regarding filing an uninsured motorist claim.

Many insurance companies require claimants to file uninsured motorist claims within a certain timeframe. It is critical to make sure that you file your claim within the stated timeframe or your claim could be denied. Similarly, the terms of your insurance contract could result in a claim denial if you caused an accident with an uninsured driver.

Even if the at-fault motorist has car insurance, the limits may not cover the full extent of your injuries. North Carolina law requires drivers to have a minimum of $30,000 in bodily injury coverage. If you have suffered injuries caused by an uninsured or underinsured driver, we can help. Contact our Charlotte car accident attorneys today to schedule your free initial consultation.