If you have no car insurance but you weren’t at fault for the crash, the at-fault driver’s insurance will typically cover your damages. However, contributory negligence could bar you from financial compensation if you share any fault.
Being involved in a car accident is stressful enough, but the situation is often even more complicated if the injured parties don’t have car insurance.
Even if you weren’t at fault, you might be curious how a lack of coverage will impact your ability to recover compensation for your injuries and seek justice for your damages. Don’t let insurance companies talk you into a low settlement—contact a Charlotte car accident lawyer instead.
Options for Recovering Compensation if You Are Uninsured in North Carolina
If you are uninsured in North Carolina, you might be wondering what you can do about the situation. Some people even stop and think, “Can I sue if I don’t have car insurance?” when exploring their options.
The good news is that you are not completely without recourse in the aftermath of a car accident. Depending on the circumstances, there might be several different avenues available to you if you’re interested in recovering compensation for your damages.
Let’s look at examples of potential options for recovering compensation if you are uninsured.
The At-Fault Driver’s Insurance
North Carolina operates on a fault-based system, meaning the at-fault driver’s liability insurance is typically the first source of compensation that accident victims can go after. The law requires drivers to carry a minimum amount of liability coverage:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $50,000 for property damage
If the other driver caused the accident, their insurance might be able to cover your medical expenses, lost wages, and property damage—up to their policy’s limits. However, be mindful of the fact insurance companies often attempt to reduce payouts or deny claims.
This is often the case when they encounter uninsured claimants because the insurance company’s goal is to spend as little money as possible. Hiring a lawyer can make all the difference because your attorney can negotiate for you in the face of low settlement offers.
Uninsured Motorist Coverage, if Available
North Carolina law mandates that all auto insurance policies include uninsured motorist (UM) coverage. While you may not have your own policy, you might be able to access UM coverage through a household family member’s insurance.
For example, if you live with a relative who has UM coverage, their policy may extend to cover your damages. This option can be particularly helpful if the at-fault driver’s liability coverage is not sufficient enough to address your losses.
When you speak with an attorney, you can ask them to review the terms of the UM policy to see if it’s a viable option for you. Either way, your lawyer will be able to advocate for your rights and prioritize securing the compensation you deserve.
Third-Party Claims
If another person’s negligence contributed to the accident, you might have grounds to file a third-party claim for compensation. In North Carolina, potential third parties might include:
- Vehicle manufacturers: If a vehicle-related defect—such as faulty brakes or malfunctioning airbags—played a role in your accident, you might be able to hold the manufacturer liable.
- Road maintenance entities: If hazardous road conditions—such as unaddressed potholes or poor signage—either caused or contributed to your accident, you may have room for a claim against the entity responsible for maintaining the roadway.
- Other negligent parties: If a truck driver’s employer failed to maintain their fleet or ensure their drivers received adequate training, the company might share liability for the accident.
For a free legal consultation, call (877) 333-1000
Common Challenges Uninsured Accident Victims Face
Being uninsured after an accident can create a lot of hurdles you might have otherwise avoided if you were insured. Even so, this does not mean you are without options when it comes to pursuing compensation.
Bias From Insurance Companies
Insurance companies often hold biases against uninsured drivers, even when the lack of insurance has no bearing on who caused the accident. They may argue that failing to carry insurance demonstrates negligence or irresponsibility.
This is intended to undermine your credibility as a claimant. The insurance company’s bias can also be grounds for an attempt at offering reduced settlement offers or placing partial blame on you, even if the accident was entirely the fault of another driver.
Limited Recovery Options
Your recovery options are likely more limited when you’re uninsured. You’ll typically need to rely on the at-fault driver’s liability coverage, which might not be sufficient to cover all your losses.
Also, pursuing third-party claims or compensation through uninsured motorist coverage—if it’s even available through other parties involved—can be time-consuming.
Legal Difficulties
Trying to understand the legal system as an uninsured accident victim can be overwhelming. It can be hard to know what your rights are, how to gather evidence, and where to turn when you want to build a strong case in your name.
Without professional assistance, you may miss out on opportunities to strengthen your claim or fail to meet necessary deadlines. However, that’s where a lawyer comes into play. Don’t wait to retain legal counsel—speak to an attorney at your earliest convenience.
How Not Having Car Insurance Can Affect the Process of Filing Your Personal Injury Claim
Many people wonder, “Do you have enough car insurance?” after getting into a collision while insured. However, if you were not at fault for the accident while uninsured, it becomes a question of whether or not the at-fault driver has enough car insurance.
In many cases, the at-fault party’s insurance should cover your damages, including medical expenses, property damage, and other losses. However, regardless of their coverage amount and policy limits, being uninsured can complicate your situation in a couple of ways:
- Insurance company tactics: Insurance adjusters often use the fact that you were uninsured at the time of the crash to question your responsibility or downplay your claim. Their goal is to reduce the payout—if not avoid it altogether—which may be easier to accomplish in circumstances where one party is not insured.
- Out-of-pocket costs: Without your own insurance to fall back on, you may need to rely solely on the at-fault driver’s policy. However, it might not fully cover the extent of your losses, especially if their policy limits are low. This means you could end up coming face-to-face with out-of-pocket expenses if you do not pursue other avenues of compensation.
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Call a Charlotte Personal Injury Attorney for Legal Guidance
If you’ve been in an accident and you don’t have car insurance, you’re likely facing more uncertainty than you would if you were insured. While your stress levels might be high, DeMayo Law Offices is here to help.
As Your North Carolina Law Firm™, we can review the circumstances of your case, give you clarity in terms of your options, and negotiate with insurance companies on your behalf. We believe a right without a remedy is just a suggestion™, and we want to advocate for you.
Don’t let the insurance company take you for a ride—contact us to learn more about our team and what we can do for you as your personal injury lawyer.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
