Uninsured motorist accidents in Shelby involve legal challenges you don’t see in other kinds of North Carolina car accidents. While the other driver’s insurance would normally cover your injuries, you can’t file a claim when the other driver doesn’t have liability insurance.
Ted A. Greve & Associates P.A. understands the challenges of uninsured motorist accidents and can help you recover fair compensation for your losses. As a doctor and uninsured motorist lawyer in Shelby, Ted A. Greve brings special insights to these complex cases. Our Shelby, NC, lawyers have decades of legal experience we can use to protect your rights, and we’ve recovered millions of dollars for our clients. You don’t owe us any attorney fees unless you receive compensation, and we offer free initial consultations to new clients. Call now or complete our contact form for more information.
The Role of an Uninsured Motorist Lawyer and How They Can Help
You have enough to worry about after an uninsured motorist accident without the added stress of a legal case. Our North Carolina car accident lawyers can manage your case and fight on your behalf for maximum compensation. Some ways we can help you with your case include:
- Investigating the accident and gathering evidence to demonstrate how the uninsured driver caused the crash
- Examining your insurance policies and other options for compensation
- Filing an uninsured motorist claim with your insurance and handling the claims process
- Cataloging your losses to maximize your claim’s value
- Evaluating the possibility of a personal injury lawsuit against the uninsured driver to recover additional compensation
North Carolina Laws on Uninsured and Underinsured Motorists
North Carolina law requires all drivers with vehicles registered in the state to carry liability insurance. Every auto liability policy issued in North Carolina must include the following minimum coverage amounts:
- $30,000 for injuries to one person in an individual accident.
- $60,000 in total bodily injury coverage for injuries to multiple people in a single accident.
- $25,000 in property damage coverage.
Drivers found without sufficient insurance coverage may face fines and other legal penalties, and the fine amount increases for each subsequent offense. Finally, state law requires drivers to have uninsured/motorist coverage if their liability coverage only meets state minimums. Drivers with liability coverage that exceeds the minimum have different requirements for uninsured/underinsured motorist coverage.
Stacking Uninsured/Underinsured Motorist Coverage: What You Need to Know
Stacking uninsured/underinsured motorist (UM/UIM) coverage lets you combine coverage limits from multiple insurance policies or vehicles to increase your protection after an accident. In North Carolina, this practice was allowed until March 2024, when the North Carolina Supreme Court determined that only the UIM policy that applies to the involved vehicle can be used. No mention was made of whether this ruling affects uninsured motorist coverage. Talk to your lawyer about whether you may stack your uninsured coverage from different policies.
Understanding the Dangers of Uninsured Motorists in Shelby
When an uninsured driver causes a crash, victims often struggle to recover compensation for their medical bills, lost wages, and car repairs. Without proper coverage, injured victims might have to pay out of pocket or fight a long legal battle to recover compensation for their losses. UM insurance can help in these situations, but insurance companies don’t always make it easy to get full compensation.
Securing Compensation After an Uninsured or Underinsured Motorist Accident
While you can file a personal injury lawsuit against an uninsured driver, a driver who doesn’t have insurance likely doesn’t have many personal assets to cover your losses. Instead, you’re usually better off filing an uninsured motorist claim with your insurer.
Pursuing Compensation Through Your Insurance: Know Your Rights
Since North Carolina law requires drivers registered in the state to have uninsured/underinsured motorist coverage, you likely have it as part of your auto policy. If you have uninsured/underinsured motorist coverage, you can submit a claim to your insurance company. If the insurance company approves your claim, they’ll cover your losses up to your policy’s limit.
In cases involving underinsured drivers, you can file a claim with their insurer to seek some compensation, even if their policy won’t cover all your losses. However, you must prove the other driver caused the crash before their insurer will pay your claim.
Wrongful Death of Your Loved One
If someone in your family dies in a crash with an uninsured or underinsured driver, you can still pursue compensation from the at-fault driver or through your own uninsured/underinsured motorist coverage. However, since claim amounts are generally higher in wrongful death cases, you can expect more pushback from the insurance companies. Furthermore, you can pursue a wrongful death claim against the other driver to hold them accountable and seek additional compensation.
Legal Options After an Uninsured Accident
You have multiple options for seeking compensation after an uninsured motorist accident, including a lawsuit against the other driver or an uninsured motorist claim with your insurance company. Regardless of which path you choose, you’ll need to meet certain requirements to recover compensation.
Determining Fault and Claim Eligibility in Uninsured Motorist Cases
Your uninsured/underinsured motorist coverage only applies to crashes that you don’t cause, even though you’re the one submitting a claim to your own insurance company. Police crash reports, eyewitness accounts, surveillance or traffic cameras, and forensic accident analysis can all help you show how the other driver caused the collision and your resulting injuries. An experienced attorney can gather this evidence and showcase it effectively to bolster your claim.
When Filing a Lawsuit Is Necessary and What to Expect
You can’t file an insurance claim against a driver who doesn’t have insurance, but you can sue them in civil court. A lawsuit may be necessary if you’ve sustained severe injuries and your uninsured/underinsured motorist coverage isn’t enough to meet your needs. To win a lawsuit against an uninsured driver, you must provide sufficient evidence to convince the judge or jury that the other driver acted negligently and caused the crash. Civil trials are risky and unpredictable, so you’ll want help from an experienced trial lawyer.
Contact Ted A. Greve & Associates for Help After an Uninsured Motorist Accident
Let Ted A. Greve & Associates P.A. manage your legal case and simplify your life after an uninsured motorist accident. Call now or complete our contact form for a free case review.
