Being in a car accident is stressful enough, but finding out the at-fault driver doesn’t have insurance makes it even more overwhelming. In this scenario, the idea of a lawsuit may cross your mind.
Whether it is worth suing an uninsured motorist in North Carolina depends on several factors, including the driver’s financial situation and your insurance coverage. The good news is that North Carolina drivers are required to carry uninsured motorist (UM) coverage, which can help you recover compensation for medical bills, lost wages, and more.
In some cases, it may also make sense to sue the uninsured driver, especially if they have assets or income. Understanding your options is the first step, and a Charlotte uninsured car accident lawyer can guide you through the process.
Uninsured Motorists: What Does It Mean?
An uninsured motorist is someone who drives without any liability insurance, even though it’s required by law. In North Carolina, drivers are legally required to carry a minimum amount of liability insurance to cover damages they cause to others. Unfortunately, not everyone follows this rule.
Uninsured motorist situations often arise when:
- The at-fault driver has no insurance at all.
- The at-fault driver’s insurance policy has lapsed or been canceled.
- The driver flees the scene of the accident (a hit-and-run).
Without insurance, recovering compensation for your medical bills, property damage, and other losses becomes much more challenging.
For a free legal consultation, call (877) 333-1000
What Are Your Options After an Accident With an Uninsured Motorist?
If you’re in an accident caused by an uninsured driver, you still have options to recover compensation:
File a Claim With Your Own Insurance
North Carolina requires auto insurance policies to include uninsured motorist (UM) coverage. This coverage is designed to help you recover damages when the at-fault driver doesn’t have insurance. This coverage can help you recover compensation for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering (depending on your policy terms)
Filing a UM claim is often the quickest way to secure compensation, but the process isn’t always straightforward. Insurance companies may attempt to reduce your payout, so keeping thorough records of your damages is crucial.
A Charlotte car accident lawyer can guide you through the process to ensure you’re treated fairly.
Sue the Uninsured Driver
In some cases, suing the uninsured at-fault driver may be an option, but it’s not always the most effective route. Here’s why:
- The Driver May Not Have Assets: If the uninsured driver lacks significant assets (like property or savings), even a successful lawsuit may not yield meaningful compensation.
- Cost of Legal Action: Lawsuits take time and can be costly. If there’s little chance of recovering damages, pursuing this route might not be worth it.
However, if the driver does have assets or other sources of income, pursuing legal action with help from a Charlotte personal injury lawyer could be an effective way to recover what you’re owed. Your attorney can investigate the driver’s financial situation and help you decide the best course of action.
Ultimately, whether you file an uninsured motorist claim or pursue legal action, having professional legal support can make a significant difference in the outcome of your case. Don’t leave it to chance—explore your options with an experienced attorney.
Why You Need an Attorney When Considering Suing An Uninsured Motorist
Dealing with an uninsured motorist claim can be challenging, and insurance companies often prioritize their bottom line over your well-being. Having a Charlotte personal injury lawyer on your side ensures you’re not left to handle this process alone.
Here’s how an experienced auto accident attorney can help:
- Evaluate Your Options: A lawyer will carefully review your case to determine the best course of action, whether it’s pursuing a lawsuit against the at-fault driver or filing a claim with your uninsured motorist (UM) coverage. They’ll weigh the likelihood of recovering damages and guide you toward the most effective path.
- Negotiate With Insurance Companies: Adjusters may try to downplay the severity of your injuries or offer unfairly low settlements. An attorney will advocate for you, ensuring you get the compensation you need.
- Handle the Legal Details: From collecting evidence to filing paperwork and meeting deadlines, a lawyer manages all the nuances of your case so you can focus on recovering.
Having an experienced attorney can ease your stress and maximize your chances of securing the financial recovery you need to move forward.
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Take Action to Protect Your Rights
Suing an uninsured motorist in North Carolina isn’t always straightforward, but you don’t have to face this situation alone. Whether it’s filing a claim with your insurance or pursuing legal action, every case is unique, and the best course of action depends on your circumstances.
DeMayo Law Offices is proud to have recovered over $1 billion for injury victims, and we’re ready to bring the same dedication to your case. Contact us today for a free consultation. We’ll listen to your story, walk you through your legal options, and pursue full compensation for all your losses.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
