Recovering fair and full financial compensation for your losses after a car accident in North Carolina can be a challenge, especially when you are restricted in the amount you can receive by insurance policy limits. If the value of your Wilmington car accident claim exceeds insurance limits, learn what to do to protect your rights.
What Are the Required Amounts of Insurance in North Carolina?
Policy limits refer to the maximum amount of coverage available on an insurance policy for a specific type of loss or damage. They are determined by the amount of coverage the policyholder has purchased. In North Carolina, the minimum required amounts of insurance by law increased as of July 1, 2025.
North Carolina used to be a 30/60/25 state, but now the required amounts have increased to:
- $50,000 in bodily injury liability insurance for one person
- $100,000 in bodily injury liability insurance for two or more people (per accident)
- $50,000 in property damage liability insurance
Liability insurance pays for the medical bills, property damage and losses of other parties, not the policyholder. All drivers in the state must maintain at least these types and amounts of automobile insurance, or else face penalties. While drivers can purchase more than these limits and offer greater protection for your crash, this is not a guarantee.
Your Options if Your Claim Exceeds Policy Limits
If a car insurance claim is accepted but the cost of the claimant’s bills and losses exceeds the total amount of coverage available on the at-fault party’s policy, all applicable insurance will first be exhausted. The at-fault driver or party will then be held individually responsible for the victim’s remaining damages.
However, it is common for drivers not to have the assets or funds to cover victims’ losses personally. This can result in a lack of coverage and the need for alternative solutions for the victim.
First-Party Insurance Claim
You should always notify your own car insurance company of an accident. You may be able to file a first-party claim for supplemental coverage, depending on your policy, such as if you have:
- Uninsured/underinsured motorist insurance
- Personal injury protection (PIP) insurance
- Medical Payment (MedPay) insurance
- Collision coverage
- Umbrella insurance
Your policy can provide additional compensation when another driver’s policy is insufficient. You may also have health insurance that can help cover your medical bills.
Personal Injury Lawsuit in Wilmington, NC
You can consider filing a personal injury lawsuit in Wilmington, NC against the at-fault driver to hold him or her individually liable (financially responsible) for your bills outside of the driver’s insurance coverage. If the other driver does not have adequate personal assets, a third-party lawsuit may be available.
A third party is someone who caused or contributed to the automobile accident but was not directly involved in the crash (at the scene). Examples include the manufacturer of a defective car part, the government agency responsible for maintaining a safe roadway and the employer of an at-fault driver who was on-duty.
Maximize the Value of Your Claim By Hiring a Wilmington Car Accident Attorney
If insurance policy limits are too low to fully cover all the damage caused by your car accident in North Carolina, discuss your situation and legal options with a knowledgeable Wilmington, NC car accident attorney. A car accident lawyer in Wilmington can seek maximum financial compensation on your behalf through all available legal remedies, negotiating and litigating for you. An attorney can protect you against suffering out-of-pocket costs for the careless or reckless acts of another party. Schedule your free consultation today.