By: Brent Adams & Associates January 10, 2026

Hit by an Uninsured or Underinsured Driver in North Carolina? What You Need to Know About Your Options.

Accident News

Getting into a car accident on a busy stretch of I-40 or while driving through a quiet neighborhood in Raleigh is a jarring experience. The situation becomes even more complicated when you realize the person who hit you does not have insurance. North Carolina law requires every driver to carry liability insurance, but many people still operate vehicles without it. When you are left with medical bills and a damaged car, you may feel like you have no path forward.

There are specific legal avenues available to you under North Carolina statutes. Understanding how your own insurance policy works and how the state’s unique liability rules apply to your case is the first step toward making things right. We are here to help you understand the details of these options so you can focus on your recovery.

The New Minimum Insurance Requirements in North Carolina (2025 Update)

North Carolina law recently underwent a significant change regarding insurance minimums. For many years, the state required relatively low limits. However, effective July 1, 2025, North Carolina increased the legal minimum auto liability coverage for all new or renewed policies. This change helps ensure that accident victims have access to more substantial resources following a crash.

According to the North Carolina Department of Insurance, the new minimum limits are:

Bodily Injury: $50,000 per person.
Bodily Injury (Total): $100,000 for two or more people in one accident.
Property Damage: $50,000 per accident.

These limits apply to policies issued or renewed on or after July 1, 2025. If a driver with an older policy hit you, the previous limits of $30,000 per person and $60,000 per accident might still apply until their policy renews. These limits are intended to cover the costs of the other party in the event that the insured driver causes an accident. Even with these higher minimums, serious injuries can quickly exceed these amounts, leaving you in an underinsured situation.

How Uninsured Motorist (UM) Coverage Works

Uninsured Motorist (UM) coverage is a part of your own insurance policy that pays for your losses when the at-fault driver has no insurance at all. This coverage also applies in hit-and-run accidents where the other driver cannot be identified. In North Carolina, all new and renewed auto liability policies must now include UM coverage.

When you file a UM claim, you are essentially asking your own insurance company to step into the shoes of the person who hit you. Your insurer then pays for your medical expenses, lost income, and pain and suffering up to the limit of your policy. It is essential to remember that, even though this is your own insurance company, they may still seek ways to limit the amount they pay out.

Navigating the Major 2025 Changes to Underinsured Motorist (UIM) Claims

Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are lower than the total cost of your damages. A significant shift in North Carolina law took effect on July 1, 2025, regarding the calculation of these claims.

Under the old law, UIM benefits were often reduced by the amount paid by the at-fault driver’s insurance, a practice known as a “setoff.” The new legislation eliminated this offset for new and renewed policies. Now, UIM coverage “stacks” on top of the at-fault driver’s payment.

For example, if you have $50,000 in UIM coverage and are hit by a driver who also has a $50,000 limit, you can now collect the full $50,000 from the at-fault driver plus the full $50,000 from your own UIM policy, provided your damages reach $100,000. Previously, you might have received nothing from your UIM policy because the limits were the same. This update significantly increases the protection available to North Carolina drivers.

North Carolina’s Strict Contributory Negligence Rule

One of the most important things to know about North Carolina car accident law is the rule of “pure contributory negligence”.” Unlike most other states, North Carolina prevents a person from recovering any compensation if they are found even 1% at fault for the accident. This is a harsh rule that insurance companies often use to deny claims entirely.

Because of this rule, establishing that the other driver was 100% responsible is vital. Whether you are dealing with a standard liability claim or an uninsured motorist claim, your insurance company might argue that you contributed to the wreck in some small way—perhaps by driving slightly over the speed limit or being momentarily distracted. Gathering evidence like police reports, witness statements, and photos of the scene is a necessary part of protecting your right to a recovery.

Steps to Take After an Accident with an Uninsured Driver

If you suspect the other driver is uninsured, your actions in the minutes and days following the crash will impact your legal options.

Call the police immediately: A formal police report is required for most UM/UIM claims, and the Commissioner must receive a report of a reportable accident under G.S. 20-166.1.
Seek medical attention: Even if you feel fine, some injuries take days to appear. Documentation from a doctor links your injuries directly to the crash.
Exchange information: Get the driver’s name and contact details, even if they admit they do not have insurance.
Notify your insurance provider: Most policies require prompt notice of a claim to avoid jeopardizing your coverage.
Observe the Statute of Limitations: In North Carolina, you generally have three years from the date of the injury to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation.

Why Personal Attention Matters in Your Case

Large insurance companies often treat accident victims like a number in a file. At Brent Adams & Associates, we believe in giving our neighbors the personal, small-town attention they deserve. We understand the local roads, the North Carolina court systems, and the stress that comes with a sudden injury. We work to ensure that your own insurance company honors the policy you have paid for over the years. Our goal is to handle the legal burdens so you can return to your normal life.

If you have questions about your policy or need help dealing with an insurance company that is refusing to pay, give us a call at 910-249-6891. We offer a free consultation to review your options and explain how we can help make things right for you and your family.

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