It is an unfortunate reality that many drivers you pass on the road in North Carolina are breaking the law by driving without insurance. If you are unlucky enough to get into an accident with an uninsured driver, there could still be sources of financial compensation available to you. However, you may have to step outside of the traditional car insurance claims process in Wilmington, NC.
Who Pays for a Car Accident in North Carolina?
Typically, under North Carolina’s fault-based car insurance law, the driver or party responsible for causing a motor vehicle collision is held responsible, or liable, for paying for the victim’s property damage and medical bills. Every driver in the state is legally required to carry bodily injury and property liability insurance to pay for collisions they may cause.
Your Own Insurance Could Pay
If the other driver involved in your car accident is uninsured or underinsured, however, you may have first-party coverage available. Contact your own car insurance company to ask if you have uninsured motorist or underinsured motorist (UM/UIM) coverage. If so, this type of insurance can protect you from having to pay for your losses out of pocket.
UM/UIM insurance can pay if the at-fault driver has no insurance, has some but not enough insurance, used to have insurance but the policy was recently canceled, or if you were the victim of a hit-and-run accident. This insurance extends to cover any relative who lives in your household, as well.
Other first-party insurance possibilities include collision coverage, comprehensive coverage, Medical Payment (MedPay) insurance and Personal Injury Protection (PIP) insurance. If you do not have the right type of automobile insurance, you may have health insurance that can help you pay for your medical costs.
You Can File a Lawsuit Against the Driver
Even without insurance, the driver at fault for causing your car accident is legally responsible for your losses. The question is whether the driver has the financial means to pay. Although a car insurance policy is the most traditional way for drivers to cover damage caused by a car accident, it is not the only option.
If the driver has personal funds or assets available to pay, you can access them by filing a lawsuit directly against the individual. This allows you to bypass the insurance process and hold the driver personally liable for your losses. Note, however, that a driver without insurance often does not have the means to pay a judgment award.
You May Have the Ability to Hold a Third Party Liable
Reach out to an uninsured motorist accident attorney in Wilmington, NC to explore the possibility of bringing a claim against a third party. A third party is someone who was not directly involved in the car crash but contributed in some way, such as the manufacturer of a defective car part or the government agency responsible for ensuring safe roadways. Identifying other liable parties besides the uninsured driver can provide you with access to additional insurance policies.
You Can Benefit From Consulting With a Wilmington Accident Attorney
If you discover that the driver who caused your North Carolina car accident does not have insurance, you should always contact a car accident lawyer for a free case review. During this meeting, you can go over all of your potential opportunities for making a financial recovery in the absence of an insurance policy carried by the other driver.