What Happens When Someone Hits You Without Insurance in North Carolina? 2024

Nobody enjoys getting in a car accident, but certain added factors can make the whole experience even more frustrating. There is a certain percentage of drivers in North Carolina who remain uninsured. If one of them hits your car and causes an accident, the resulting legal situation can be particularly chaotic. In any event, it is important to ask, “What happens when someone hits you without insurance in North Carolina?” A good lawyer can help you make sense of things.

What Happens When Someone Hits You Without Insurance in North Carolina?

If someone who is uninsured hits your car in North Carolina, they could be looking at significantly worse penalties than your average fender bender. Driving without car insurance could result in substantial fines, as driving without insurance is illegal in North Carolina. If you are caught driving without insurance, you could face penalties that include a suspension of your driver’s license.

North Carolina state law prohibits any driver from leaving the scene of an accident if they are involved. Failure to remain at the scene of an accident could result in an arrest. If you are ever involved in a car accident with a driver who does not have insurance, you should do the same things you would do in an accident with an insured driver:

• Check for Injuries: Check yourself for any injuries you may have sustained in the accident. If you had any passengers in the car, check them for any injuries as well. Look for bloody spots, protrusions, sprains, and signs of whiplash. If you feel like you’re in pain, but don’t have any obvious injuries, be sure to tell EMTs when they arrive.
• Call 911: As soon as you are physically able, call 911. You will want police officers and EMTs to secure the scene, especially if the other driver is uninsured. They may attempt to flee or negotiate with you. Having law enforcement in control of things can provide you with some semblance of calm. Be sure to get checked out by the EMTs, even if you don’t think that you are injured.
• Collect Evidence: When you are given the all-clear from the police, you can start collecting evidence for your claim. Be sure to take photos of your injuries, the damage to all vehicles involved, and the road conditions. Be sure to speak to any witnesses and get the other driver’s contact information.
• Contact a Lawyer: When it comes time to pursue your claim, you should reach out to an experienced car accident lawyer who can help you make sense of your case. If the other driver has no insurance, the case will be a little different, and your lawyer can advise you on an effective course of action.

If the other driver does not have car insurance, you may have the option to file a claim against the driver directly instead of their insurance carrier. An experienced car accident lawyer can help you figure out if this is a valid possibility for your case. You can also try to recoup damages through your own insurance company, though they may not always be willing to pay you what you deserve.

FAQs

What Is the Penalty for Not Having Car Insurance in North Carolina?

The penalty for not having car insurance in North Carolina is rather harsh. Not carrying car insurance could land you a Class 1 misdemeanor charge, which could result in penalties that include a fine, a suspension of your driver’s license, probation, and even jail time in some extreme cases. North Carolina takes car insurance coverage very seriously, as not having insurance can cause serious legal consequences if the uninsured driver causes an accident.

What Happens If the At-Fault Party Doesn’t Have Enough Insurance to Pay Your Claim in North Carolina?

If you get into an accident with a driver who does not carry enough car insurance to pay out your claim, you can file a claim with your own insurance company, but only if you carry underinsured motorist (UIM) coverage. UIM coverage takes care of the difference between the other driver’s insurance limits and your own. You should consult your attorney to learn what your options are for seeking additional payouts.

Is North Carolina a No-Fault State for Car Accidents?

No, North Carolina is not a no-fault state for car accidents. North Carolina is very much an at-fault state for car accidents, which means that the driver who is found to be legally liable for causing the accident is also responsible for fully reimbursing the other driver for all damages caused by the incident. If the other driver is found to be partially at fault, they may lose their right to seek damages.

Do I Need a Lawyer for a Car Accident Claim?

No, you are not legally required to have a lawyer for a car accident claim. You are allowed to handle your own case and seek compensatory damages without the help of a lawyer. However, it is recommended that you always seek legal counsel when dealing with any sort of legal issue. After all, having someone on your side who understands the law can only improve the chances of obtaining the full scope of compensation that you are due.

Reach Out to a Car Accident Lawyer Today

A car accident can be a stressful situation without the added complexity of dealing with an uninsured driver. Every driver in North Carolina should carry some level of car insurance, or else they risk breaking the law. Trying to recoup damages from an uninsured driver can be a difficult task, but an experienced car accident lawyer can help you figure out your next steps.

The legal team at Ganly & Ramer, P.L.L.C., knows the most effective way to pursue your case. We can help you build your argument, protect your interests throughout, and make sure that the insurance companies don’t take advantage of you. Contact us to schedule a consultation as soon as you can.