Wilmington Uninsured and Underinsured Motorist Accident Attorney

Being involved in a car accident in Wilmington is difficult enough without unexpected issues that complicate the claims process. If you find out that the other driver is uninsured or underinsured, you may not know how to seek financial compensation for your injuries. In this situation, it can benefit you to hire an experienced Wilmington car accident lawyer.

Car Accident Liability Laws in North Carolina

North Carolina uses a traditional fault-based law to determine liability, or financial responsibility, for automobile accidents. Under this rule, it is necessary to determine who is at fault for a car accident in Wilmington before an insurance claim can be filed. 

All drivers in North Carolina are required to maintain minimum amounts of bodily injury and property damage liability insurance to pay for accidents they cause. If the at-fault driver does not have adequate insurance, this can interfere with a victim’s ability to recover financial compensation.

Who Pays for an Accident Caused By an Uninsured or Underinsured Motorist?

There are types of insurance that can help drivers in the event of a crash involving a driver who does not have adequate car insurance in Wilmington. If you cannot rely on the other driver’s insurance to pay for your losses, you can use your own coverage.

One of the required types of coverage in North Carolina is uninsured motorist (UM) and underinsured motorist insurance (UIM) insurance. This coverage can compensate you for your property damage and medical costs even if the at-fault driver is underinsured.

The required amounts of UM/UIM insurance in North Carolina are $30,000 for bodily injury to one person, $60,000 for bodily injury to two or more people and $25,000 for property damage. Filing a first-party claim with your insurer can grant you access to this coverage.

Supplementing a UM/UIM Claim in Wilmington, NC

Although the minimum required amounts of UM/UIM insurance may seem high, the total costs of a motor vehicle accident can far exceed this coverage. If your medical care and the long-term effects of an automobile accident result in a gap in coverage because the at-fault driver is uninsured, you may need to take your case to court.

Filing a Wilmington personal injury lawsuit directly against the uninsured or underinsured motorist could lead to a judgment award that the individual is required to pay. However, many drivers without insurance do not have the assets to pay out of pocket. For this reason, it may be in your best interest to search for a third party to hold you accountable.

A third party is someone who contributed to the car accident while not being directly involved. Examples are the other driver’s employer (if he or she was driving for work purposes), a government agency for an unsafe roadway, and a product manufacturer for an auto defect. An attorney in Wilmington can carefully investigate your crash to identify all potential sources of coverage for you.

When to Contact an Underinsured and Uninsured Lawyer in Wilmington, NC

A full financial recovery may still be possible if the other driver involved in your Wilmington car accident was uninsured or underinsured. However, you may need to hire a knowledgeable car accident attorney to help you navigate the complexities of this type of claim.  

Our Wilmington underinsured and uninsured attorney will explore all of your options for making a financial recovery and work hard to secure maximum compensation on your behalf. For a free consultation to learn more about a specific case, contact Shipman & Wright.