Car Accident Without Insurance Not at Fault in North Carolina

It’s vital for every driver to know what to do after a car accident without insurance. If you are not at fault in North Carolina, you have the right to seek compensation for your damages from the driver who caused the accident, and their insurance is supposed to pay for those damages. However, if they do not have required insurance, they not only face financial liability for your losses, but also additional penalties for violating the state’s auto insurance law.

What to Do After a Car Accident Without Insurance if You Are Not at Fault in North Carolina

If you are hurt in a car accident that was not your fault, you have the right to pursue accountability for the driver who caused the accident and to seek compensation for your damages. Proving fault will be an essential step in any car accident case. Under the state’s fault rule for vehicle accidents, the at-fault driver is entirely responsible for the damages they caused.

It is also important to remember that the state follows the contributory negligence rule. This means that if a plaintiff in a civil suit bears any partial liability for causing their claimed damages, they will be unable to claim compensation from any other liable party. This rule applies to any level of fault, so it is common for disputes to arise if defendants allege contributory fault in their efforts to avoid liability for the damages they caused.

The state’s insurance requirement extends to all drivers. Every driver must have insurance that meets the minimum requirements for bodily injury liability coverage and property damage liability coverage. Once fault is proven, the at-fault driver’s insurance policy will cover the damages they caused. However, if they do not have insurance, they face financial liability for those damages as well as legal penalties from the state.

Recovering After an Accident With an Uninsured Driver

Since you will not be able to file an auto insurance claim against the at-fault driver in this situation, you may be able to file a claim through your own policy if you have purchased uninsured motorist coverage. However, if this is not an option, you will need to file a personal injury suit against the at-fault driver. An experienced attorney can help you build and file your claim, and they can help you maximize your compensation.

As soon as you have received medical care for your injuries after an accident, you should reach out to an experienced car accident lawyer as quickly as possible. You have a time limit for filing an auto insurance claim, but even if this is not an option in your case, you also have a time limit for filing a personal injury suit in the state. The sooner you start building your case, the better your chances are of successfully recovering compensation for your damages.

Christina Rivenbark & Associates can answer your most challenging legal questions in the aftermath of an accident with an uninsured driver. If you are unsure how to proceed with your recovery efforts, you can rely on our team for guidance and legal advocacy through all of your legal proceedings after an accident in the state.

FAQs

Q: What Happens if the Person at Fault in an Accident Has No Auto Insurance?

A: If the person at fault for an accident has no auto insurance in the state, they will be personally responsible for the damages they caused to the other driver, and they will also face additional legal penalties. Every driver in the state is required by state law to have auto insurance that meets the state’s minimum coverage requirements. They may face a driver’s license suspension, a fine, or other penalties until they can show proof of insurance.

Q: What Is the Penalty for Driving Without Insurance?

A: The penalty for driving without insurance in the state can include a fine, jail time, and a driver’s license suspension. This is a misdemeanor offense, and the driver will also face demerit points on their driver’s license. Too many points within a short time period could result in a driver’s license revocation and other penalties. In most cases, the driver’s license will remain suspended until they submit proof of insurance to the court.

Q: Is North Carolina a No-Fault State for Car Accidents?

A: No, it is not a no-fault state for car accidents. Proving fault is an essential first step in resolving any vehicle accident case in the state. If you believe another driver is responsible for causing your recent accident, you must establish fault before you can recover any compensation for your damages through an auto insurance claim and/or personal injury suit.

Q: How Much Compensation Can I Claim From an Uninsured Driver?

A: The amount of compensation you can claim from an uninsured driver will depend on the nature and severity of your damages. Under the state’s fault rule for vehicle accidents, the at-fault driver is liable for any and all financial losses they cause the other driver to suffer, and they are also responsible for the victim’s pain and suffering. An experienced attorney can help you determine the full potential value of a car accident case.

Q: Will My Insurance Increase After an Accident That Was Not My Fault?

A: Your insurance should not increase after an accident that was not your fault. However, it is possible for the insurance company to increase your premium rate if you have had several accidents within a short period of time, even if they were not your fault. If the insurance company deems you to be a high-risk driver, the terms of your policy may allow them to increase your premium rate in response to multiple claims within a short time period.

The team at Christina Rivenbark & Associates has years of experience resolving complex car accident cases for our injured clients throughout the state, and we know the difficulties you might face when it comes to dealing with insurance companies or pursuing compensation from uninsured drivers. If you need legal representation after an accident, contact our team today to schedule a free consultation with an experienced attorney.