Getting hit by a driver who has no insurance is one of the most frustrating situations a North Carolina crash victim can face. You didn’t cause the wreck, but suddenly you’re the one stuck with medical bills, car repairs, and lost wages—with no obvious way to pay for them. If this has happened to you, here’s the good news: North Carolina law gives you real options, and an experienced Raleigh car accident attorney can help you use them.

At Tien Law Firm, we help injured North Carolinians deal with uninsured and underinsured drivers every day. Here’s what you need to know about your rights, your options, and how to protect your claim.

Is North Carolina an At-Fault or No-Fault State?

North Carolina is an at-fault state, which means the driver who caused the crash is legally responsible for the resulting damages. Normally, that driver’s liability insurance pays for the injured party’s medical bills, vehicle damage, and other losses.

The problem arises when the at-fault driver doesn’t have insurance at all—or doesn’t have enough coverage to pay for everything you’ve lost.

How Common Are Uninsured Drivers in North Carolina?

Uninsured driving is a real problem on North Carolina roads. Even though the state requires every registered vehicle to carry liability insurance, a meaningful share of drivers on the road are uninsured at any given time, whether because they let a policy lapse, never obtained coverage, or are driving a borrowed or stolen vehicle. That’s exactly why North Carolina requires insurers to include uninsured motorist protection on virtually every auto policy sold in the state.

North Carolina’s Insurance Requirements Recently Changed

As of July 1, 2025, North Carolina significantly raised its minimum auto insurance requirements—the first major increase in years. Drivers must now carry at least:

• $50,000 in bodily injury liability per person
• $100,000 in bodily injury liability per accident
• $50,000 in property damage liability per accident

This is often written as “50/100/50” coverage, up from the old 30/60/25 minimums.

Importantly, North Carolina law also requires every auto policy to include uninsured and underinsured motorist (UM/UIM) coverage at those same minimum limits. That means if you carry a standard auto insurance policy in North Carolina, you almost certainly already have some built-in protection against uninsured drivers — you just may not know it.

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is part of your own auto insurance policy. It steps in to pay for your injuries and damages when the at-fault driver:

• Has no insurance at all
• Fled the scene (a hit-and-run) and can’t be identified
• Was driving a stolen vehicle
• Has a policy that has been canceled or lapsed

Instead of filing a claim against a driver who has nothing to pay with, you file a claim against your own UM coverage. Your insurance company essentially “stands in” for the uninsured driver.

What Is Underinsured Motorist (UIM) Coverage?

Underinsured motorist coverage applies when the at-fault driver does have insurance, but their policy limits aren’t enough to cover your total losses. For example, if the at-fault driver carries the state minimum of $50,000 in bodily injury coverage, but your medical bills, lost wages, and pain and suffering add up to $150,000, UIM coverage can potentially make up the difference—up to your own policy’s limits.

Because UM and UIM coverage are required to match your liability limits, drivers who purchase higher liability coverage automatically get higher uninsured/underinsured motorist protection as well. This is one of the most important reasons to consider buying more than the state minimum coverage.

Steps to Take After a Crash With an Uninsured Driver

1. Call 911 and get a police report. An official accident report is critical evidence, especially when you’ll be filing a claim against your own insurer rather than the at-fault driver’s.
2. Get the other driver’s information anyway. Even without insurance, their name, license number, and vehicle information matter for the claims process.
3. Seek medical treatment right away. Document every injury. Gaps in treatment can be used against you later, even in a UM/UIM claim.
4. Notify your own insurance company promptly. Most policies require timely notice when you intend to make a UM/UIM claim.
5. Avoid giving a recorded statement without legal advice. Insurance adjusters—including your own—may try to minimize what they pay.
6. Contact a personal injury attorney before signing anything. UM/UIM claims can be surprisingly adversarial, since you’re effectively negotiating against your own insurer.

Why UM/UIM Claims Can Be More Complicated Than They Seem

Many people assume that because they’re dealing with “their own” insurance company, the process will be smooth and cooperative. In practice, insurers handling UM/UIM claims often investigate and negotiate just as aggressively as they would against a third party—because ultimately, they’re the ones who will have to pay.

Common complications include:

• Disputes over fault in the underlying accident
• Lowball settlement offers that don’t account for future medical needs
• Disagreements over the extent of your injuries
• Stacking issues, when multiple vehicles or policies are involved
• Statute of limitations deadlines, which still apply to UM/UIM claims

North Carolina also follows a strict contributory negligence rule, meaning that if you’re found even 1% at fault for the crash, you could be barred from recovering any compensation at all. Insurance companies are well aware of this rule and sometimes use it to challenge claims that should otherwise be straightforward.

What Damages Can You Recover in an Uninsured Motorist Claim?

If your claim is successful, uninsured or underinsured motorist coverage can compensate you for the same types of damages you could pursue from an at-fault driver directly, including:

• Medical expenses, both past and future
• Lost wages and diminished earning capacity
• Pain and suffering
• Permanent injury or disfigurement
• Property damage (in some policies, through separate UMPD coverage)

Do You Need a Lawyer for a Claim Against an Uninsured Driver?

You are not legally required to hire an attorney to file a UM/UIM claim, but doing so can make a significant difference in the outcome. An experienced personal injury lawyer can:

• Determine exactly what coverage applies to your situation, including any layered or “stacked” policies
• Handle communication and negotiation with your insurance company
• Gather medical records and documentation to fully value your claim
• Push back against unfair denials or lowball offers
• File a lawsuit against your insurer if a fair settlement can’t be reached
• Make sure your contributory negligence exposure is minimized

Because you’re negotiating against your own insurer’s bottom line, having knowledgeable representation levels the playing field.

Injured By an Uninsured Driver in North Carolina? Contact Tien Law Firm

Dealing with an uninsured driver shouldn’t mean dealing with your injuries alone. At Tien Law Firm, our Raleigh-based personal injury attorneys understand North Carolina’s insurance laws inside and out, including the recent changes to UM/UIM minimum coverage limits, and we know how to hold insurance companies accountable when they don’t want to pay what they owe.

If you or a loved one was injured in a crash involving an uninsured or underinsured driver anywhere in North Carolina, contact Tien Law Firm today for a free, no-obligation consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.