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Guide to Uninsured Motorist Coverage in North Carolina

Robert Louis Armstrong Personal Injury Attorney April 5, 2024

Road safety is a concern for both new and seasoned drivers, and part of that safety means being prepared for the unexpected, including the risk of an uninsured motorist causing you harm on the road. Statistics reveal that a significant percentage of drivers in North Carolina do not have the required insurance, making uninsured motorist (UM) coverage a crucial safety net for anyone on the road. 

If you're involved in an accident caused by a driver who doesn't have insurance (or enough insurance to cover your damages), UM coverage can be the difference between getting the assistance you need and being left to fend for yourself financially. This comprehensive and up-to-date guide will walk you through the specifics of uninsured motorist coverage and help you protect yourself and your loved ones on North Carolina's roads. 

The Ins and Outs of UM 

UM coverage is a vital element of car insurance that comes into play when you've been in an accident with a driver who lacks coverage. This means that your UM policy might cover the medical bills for all the passengers involved and necessary vehicle repairs, effectively acting as a stand-in for the at-fault driver's non-existent or insufficient insurance. 

UM insurance goes beyond just the bare minimum expenses. In North Carolina, this protection encompasses various losses, including:

  • Bodily injury

  • Pain and suffering

  • Lost income if you can't work due to the accident

Filing a Claim for UM Coverage

Understanding when and how to file a claim could be the difference between receiving and not receiving compensation. The following steps can help you file an effective claim:

  1. Prompt Notification: Alert your insurance company as soon as you know you've been in an accident with an uninsured driver. 

  1. Documentation: Gather any evidence, such as the accident report, medical records, and any other pertinent details related to the incident. 

  1. Cooperation: Work closely with your insurance adjuster to assess the damages and the compensation needed. 

  1. Resolution: Seek a fair settlement and engage in negotiations to cover all relevant costs associated with the accident. 

An experienced personal injury attorney like Robert Louis Armstrong can help you build a strong case and file an effective UM claim.

North Carolina's UM Requirements 

North Carolina state law understands the necessity of UM coverage and has certain mandates in place to protect its drivers. If you’re in North Carolina, it’s not just a smart move to include UM in your insurance — it’s the law. 

Minimum Coverage: North Carolina law stipulates that if your policy includes bodily injury and property liability, it must also contain UM coverage. The minimum amounts specified by state law include a bodily injury limit of $30,000 per person and $60,000 total, and a property damage limit of $25,000. 

Underinsured Drivers: Underinsured motorist (UIM) coverage complements UM. It kicks in when the at-fault driver's liability coverage is insufficient to cover your costs. North Carolina drivers with insurance policies that exceed the state's minimum standards are required to carry both UM and UIM coverage. 

The Benefits of UM Coverage 

UM coverage presents numerous advantages that go beyond merely adhering to state law. It ensures that you are financially protected in the unfortunate event of a collision with an uninsured motorist. 

  • Comprehensive Protection: UM coverage can extend to all the occupants in your vehicle, including family members. This broad protection ensures that personal injury claims are resolved comprehensively. 

  • Variable Indemnity: UM benefits vary based on the terms and conditions of your policy. Understanding these nuances can lead to better resolutions during the settlement process. 

  • Peace of Mind: Knowing that you'll be cared for, regardless of the at-fault party's insurance status, provides an invaluable sense of peace and security on the road. 

North Carolina Uninsured Motorist Coverage FAQs 

While UM coverage is an essential tool for drivers to have, understanding the specifics of how it works and what it covers can be confusing. Below are some of the frequently asked questions about UM coverage.

What happens if the person at fault in an accident has no insurance in NC? 

If the person at fault in an accident in North Carolina does not have insurance, your uninsured motorist (UM) coverage comes into play. This coverage is designed to financially protect you by covering damages such as medical expenses, property damage, and lost wages that you may incur due to the accident. It acts on behalf of the at-fault party, ensuring you are not left to bear the financial burden. 

What is the disadvantage of uninsured motorist coverage? 

One of the main disadvantages of uninsured motorist coverage is the added cost to your insurance premium. While it provides significant protection, it does so at an additional expense. In some cases, the coverage limits may also not be sufficient to cover all the damages, especially in severe accidents, which may leave you with additional out-of-pocket expenses. 

What is the statute of limitations on uninsured motorist coverage in NC? 

In North Carolina, the statute of limitations for filing a claim under uninsured motorist coverage is generally three years from the date of the accident. This time frame dictates the period within which you must notify your insurer and pursue a claim to receive compensation for your losses. Failing to adhere to this limit could result in the forfeiture of your right to claim benefits under UM coverage. 

Does an uninsured motorist claim raise my rates in NC? 

Filing an uninsured motorist claim in North Carolina may not necessarily lead to an increase in your insurance premiums. Typically, premiums are raised based on the assessed risk of insuring the driver. Since UM claims involve incidents that are no fault of your own (as you are claiming against a driver who is uninsured and at fault), it is not usually seen as an increased risk. However, the specific impact on insurance rates can vary between insurance companies and your individual circumstances. 

Seek Experienced Legal Support

Uninsured motorist coverage in North Carolina is not just a safety feature; it's a critical component of your total insurance package. With the number of uninsured drivers on the rise, it's imperative to be proactive and educated on what your policy covers and how to use it if the need arises. Remember, in the event of an accident, quick thinking and a good understanding of your rights can make a world of difference. 

If you require immediate legal advice relating to an accident with an uninsured motorist, reach out to Robert Louis Armstrong Personal Injury Attorney for expert legal guidance personalized to your unique case. Remember, you’re not alone — we’re here to help you every step of the way. Stay safe, stay informed, and drive assured.