Proving Liability in Accidents Involving Uninsured Motorists
Accidents with uninsured drivers can create unexpected financial and legal challenges for anyone involved. Proving liability in North Carolina requires understanding the state’s unique laws, gathering solid evidence, and following specific procedures.
Understanding Uninsured Motorist Coverage in North Carolina
North Carolina law requires that drivers carry liability insurance to cover injuries or damages they cause in an accident, but not all drivers comply. When a driver is uninsured, victims often rely on Uninsured Motorist (UM) coverage to recover damages.
North Carolina General Statutes § 20-279.21 and § 20-279.21A outline uninsured and underinsured motorist coverage requirements. UM coverage typically applies when an at-fault driver has no insurance, leaving you responsible for proving the accident and demonstrating that the other driver caused your injuries or property damage.
Establishing Liability in Uninsured Motorist Cases
Proving liability in an accident involving an uninsured motorist follows the same basic principles as other personal injury claims. You must demonstrate that the other driver was at fault and that their negligence directly caused your injuries or damages.
Evidence Collection
North Carolina courts rely heavily on evidence when determining liability. Collecting detailed records can make or break your claim. Important types of evidence include:
- Police reports: Filing a police report immediately after the accident creates an official record. Officers document accident details, witness statements, and any citations issued.
- Photographs and videos: Capturing images of the accident scene, vehicle damage, and road conditions can establish the circumstances of the crash.
- Medical records: Gather medical documentation that describes injuries and treatment that link the accident to your damages.
- Witness testimony: Statements from witnesses to the accident can corroborate your account and clarify the uninsured driver’s actions.
Determining Fault
North Carolina follows a contributory negligence standard. This means you may be unable to recover damages if you are even slightly at fault. Establishing that the uninsured motorist was entirely responsible is crucial. Fault can be determined by:
- Violations of traffic laws, such as speeding, running a red light, or distracted driving
- Reckless or negligent behavior documented by witnesses or cameras
- Vehicle damage patterns consistent with the uninsured driver’s actions
Working With Your Insurance Company
Once you have gathered evidence, your next step is to contact your insurance provider. Most North Carolina auto insurance policies include UM coverage, which allows your insurer to handle claims on your behalf.
The insurer will review your evidence and may investigate to verify the uninsured driver’s liability. A clear, organized set of documents, including police reports, medical records, and photographs, strengthens your claim.
Filing a Claim in North Carolina Courts
You may pursue a lawsuit against the uninsured motorist if your insurance claim is disputed by the insurance company or denied. North Carolina has specific rules for filing civil actions. Personal injury claims must generally be filed within three years from the accident date under the state’s statute of limitations laws. Cases involving uninsured motorists are usually filed in the county where the accident occurred. Depending on the claim’s value, that would typically be the Guilford County Superior or District Court for Greensboro residents. Courts will examine the same evidence in insurance claims. Clear documentation and witness testimony are critical.
Special Considerations for Local Drivers
Greensboro and the surrounding Triad area see high traffic volumes on roads like Interstate 40, Interstate 85, and High Point Road. Accidents often occur during peak commuting hours, which can complicate fault determination. Local courts are familiar with the challenges of urban traffic accidents, including hit-and-run and uninsured driver cases.
Legal Guidance Matters
Cases involving uninsured motorists can be complex, particularly under North Carolina’s contributory negligence rules. Former Judge Steve Kreider brings a unique perspective to these cases. His experience on the bench allows our team to anticipate legal strategies, present evidence effectively, and advocate for fair consideration of your claim.
Steps You Can Take After an Accident
Acting quickly and methodically after a collision helps to protect your rights and build a strong case. Here are detailed steps to follow immediately after an accident involving an uninsured motorist.
- Ensure Safety and Contact Authorities: Call 911 to report the accident, especially if there are injuries or significant property damage. Police documentation is crucial.
- Collect Driver and Vehicle Information: If they have insurance, get the policy details. Whether they have insurance or not, obtain the uninsured driver’s name, contact information, and license plate number.
- Document the Scene Thoroughly: Take clear photographs or videos of the accident scene, all vehicles involved, any visible injuries, road conditions, traffic signals, and skid marks. This evidence can be important when proving liability.
- Gather Witness Accounts: Speak to anyone who saw the crash and ask for their contact information. Witnesses can provide valuable testimony to support your version of events.
- Seek Medical Attention Promptly: See a doctor immediately if injuries seem minor. Early medical evaluation links your injuries directly to the accident and ensures appropriate treatment.
- Notify Your Insurance Provider: Contact your insurance company to report the accident and ask about your Uninsured Motorist coverage. Please provide them with all the evidence and documentation you collected.
- Maintain Detailed Records: Keep comprehensive records of medical bills, repair estimates, lost wages, and any correspondence related to the accident. Organized records strengthen your claim and help your attorney present a clear case.
Injured by an Uninsured Driver in North Carolina?
If you’ve been in a motor vehicle accident, dealing with insurance companies can be overwhelming, especially involving an insured motorist. Kreider Attorneys at Law help accident victims navigate the insurance claims process and secure maximum compensation for injuries, medical bills, and lost wages. With decades of experience, our team brings wise counsel and strategic insight to support you through every step. Call us today at 336-770-2017 to schedule a consultation and learn how we can assist with your claim.