At only 6.5%, North Carolina has one of the lowest percentages of uninsured drivers in the United States, according to the Insurance Information Institute (III). Despite this good rate, car accidents involving drivers who do not have car insurance still occur.
Being in a car accident with an uninsured driver can be more stressful than usual, especially if they caused the accident. You may wonder how you can recover the costs of the accident. The Durham uninsured car accident lawyer at Ben Crump Law, PLLC may be able to help you. We can negotiate with insurance providers on your behalf or file a personal injury lawsuit against the uninsured driver to try to get you the reimbursement you deserve for your medical bills, property damage costs, and other losses caused by the accident.
Set up a free consultation with our team today by calling (800) 598-7557. We work on contingency at Ben Crump Law, PLLC so you never have to pay any fees unless we can recover compensation for you.
Insurance for Car Accidents in North Carolina
North Carolina uses a traditional fault-based system for car accidents. This means that the person who causes the car accident is also financially responsible for it and must compensate other drivers for their expenses. The compensation typically comes from car insurance, however, instead of the at-fault driver’s pocket.
In accordance with North Carolina laws, the North Carolina Department of Motor Vehicles (NCDMV) requires all motorists to carry insurance coverage. The minimum required liability insurance coverages are:
- $30,000 for bodily injury liability for one person per accident you cause
- $60,000 for totally bodily injury liability for two or more people per accident you cause
- $25,000 for property damage per accident you cause
Since these required liability coverages only help you to pay for damages in an accident that is your fault, they will not apply if you are in a car accident with an uninsured motorist. However, another North Carolina law, North Carolina General Statutes (GS) §20-279.21, also requires everyone to carry car insurance coverage for uninsured or underinsured motorists.
In the event that you get into a car accident with another driver who does not have insurance, this uninsured motorist portion of your own car insurance will help to cover the expenses of that accident. How much of your losses this part of your insurance policy covers, though, will depend on your individual policy.
For a free legal consultation with a uninsured cars lawyer serving Durham, call 800-959-1444
Legal Recourse for an Uninsured Car Accident
After you suffer injury, property damage, and other losses in a car accident caused by an uninsured driver in Durham, North Carolina, your first recourse for compensation is still car insurance. Since you cannot file a claim with the at-fault driver’s policy, you can instead turn to your own uninsured motorist coverage.
Insurance companies may offer you a settlement that is much less than you deserve. A Durham uninsured car accident lawyer can help you by negotiating with your car insurance provider on your behalf. Instead of accepting the first settlement, your insurance claims adjuster offers, you may consider consulting an attorney.
Another option for recovering compensation for your car accident is to file a personal injury lawsuit. You could also pursue a wrongful death lawsuit if your family member died in the accident. The most common reason people do not have car insurance, however, is because they cannot afford it, so while you may be able to win a legal case against an uninsured driver, it does not always mean that they will have the means to compensate you.
At Ben Crump Law, PLLC we will do everything we can to obtain you the compensation that you deserve. North Carolina follows a contributory negligence system, which means that in order for you to be able to receive compensation for the car accident, the other driver must be 100% at fault for it. Contact us today, our team can help you by collecting evidence of who caused the accident and representing your interests, both to insurance companies and in civil court.
Durham Uninsured Cars Lawyer Near Me 800-959-1444
Possible Recoverable Damages
The types of damages that you could be able to recover through a civil lawsuit in Durham include both economic and non-economic losses, such as:
- Medical treatment expenses
- Prescription costs
- Funeral costs
- Property damage expenses
- Pain and suffering
- Emotional distress
- Impairment or disfigurement
- Loss of enjoyment of life
- Loss of consortium
You deserve to have reimbursement for all of your losses due to a car accident that was caused by another driver’s mistakes or carelessness. While it may be more challenging than usual, a Durham uninsured car accident lawyer can help you identify and calculate all the damages you may be able to recover.
The Statute of Limitations Can Affect Your Case
If you hope to recover damages for your uninsured car accident through a civil lawsuit, you will need to pursue your case within North Carolina’s statutes of limitations. A statute of limitations is a state law that determines how long you have to pursue legal action after an offense.
For a personal injury lawsuit, the statute of limitations is generally three years, according to GS §1-52. If your family member died in or because of the car accident, you generally have two years to pursue a wrongful death lawsuit, according to GS §1-53. You can lose your right to compensation if you miss these deadlines, so you should consult a lawyer about your case as soon as possible.
The Durham uninsured car accident lawyer at Ben Crump Law, PLLC does not shy away from tough cases. Our team will do everything we can to help you recover compensation for a car accident with an uninsured driver, including gathering evidence of who was at fault for the accident, negotiating with car insurance providers, and filing a lawsuit on your behalf.
Call our team at (800) 598-7557 to schedule a no-cost, no-obligation consultation. Since we work on contingency, we do not get paid unless you get paid. You can trust us to work to earn you a settlement while you take the time you need to rest and recover from your accident.