What if an uninsured motorist injures me in an accident?

What if an uninsured motorist injures me in an accident?
Jul 27 2022

There’s a lot of frustration that comes with being the victim of a car accident. You’ll not only have to deal with the physical pain of your injuries but also with the financial problems they can create. This is compounded when the other driver doesn’t have insurance, leaving you wondering what you can and should do.

Insurance may still be an option

North Carolina is an at-fault state, meaning that the driver responsible for a car accident is also responsible for any damages and injuries they cause. That driver is supposed to maintain sufficient minimum insurance coverage and North Carolina considers it a misdemeanor if they don’t.

The at-fault driver can be either uninsured or underinsured—they are uninsured when they have no insurance whatsoever, and underinsured when they do have insurance but it’s insufficient to pay for the damage and injuries that they caused. If you have uninsured or underinsured motorist coverage as part of your own policy, the other driver can pick up the slack. That’s what they’re intended to do.

A personal injury lawsuit is a powerful tool

Lawsuits sometimes get a bad name, but they exist for a good reason. Whether an at-fault driver has insurance or not, North Carolina gives you the right to sue a negligent driver so that you can be compensated for your injuries. When the driver is uninsured or underinsured, it may be the only option available to you.

It’s important to realize that insurance companies (both the at-fault driver’s and your own) do not necessarily have your best interests as their priority. They can routinely undervalue claims to avoid paying out more money than they have to. If you’re injured in a car accident with an uninsured driver, an experienced attorney can help you maximize any available insurance options and file a personal injury lawsuit, if needed.

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