What Happens to Uninsured Drivers in an Accident?

What happens to uninsured drivers in an accident is they can face financial liabilities and legal penalties like fines or license suspension. They also may be held personally responsible for covering damages if they are found at fault for the crash.

The outcomes these motorists face will depend on factors such as the state’s insurance laws, the severity of the accident, and who is determined to be at fault. 

If you have been in an accident with an uninsured driver, our Raleigh car accident lawyers can advise you on your next steps during a free consultation.

Legal Consequences for Uninsured Drivers After an Accident

When an uninsured driver is involved in an accident, they may face several legal penalties, including:

• Fines and fees: Most states impose fines on drivers who are caught operating a vehicle without insurance.
• License suspension: A person’s driver’s license and vehicle registration can be suspended until they provide proof of insurance.
• Lawsuits for damages: If the uninsured driver is at fault, the other party can file a lawsuit to recover medical expenses, property damage, and other costs.
• Criminal penalties: In some cases, driving without insurance may result in misdemeanor charges, especially if the accident involves serious injuries.

N.C. Insurance Laws and Uninsured Drivers: What to Know

North Carolina requirements for vehicle insurance are strict. Drivers must carry liability insurance to cover bodily injury and property damage. Failure to meet these requirements can result in:

• Fines ranging from $50 to $150 for a lapse in coverage.
• Suspension of the uninsured driver’s license and registration.
• Additional penalties if the uninsured driver is at fault in an accident.

What Are the Financial Implications for Uninsured Drivers?

Uninsured drivers often bear the full cost of damages after an accident, which can include the following:

• Medical expenses: Paying out-of-pocket for their medical bills or those of others involved in the collision.
• Property damage: Covering the cost of repairing or replacing damaged vehicles or other property.
• Personal liability: Facing wage garnishment or asset seizure if they are sued and cannot pay the judgment.

Seeking Damages After an Accident With an Uninsured Driver

If you are in an accident caused by an uninsured driver, you still have options for recovering damages:

• File a claim with your insurance company: If you have uninsured/underinsured motorist (UM/UIM) coverage (as required under G.S. § 20-279.21), it can help pay for medical bills, lost income, and vehicle repairs.
• Pursue a personal injury lawsuit: You can sue the uninsured driver directly to recover compensation. However, this may be challenging if they don’t have significant assets.
• Check for additional coverage: Some insurance policies include medical payments (MedPay) or collision coverage, which can help cover costs.

We Can Help After a Crash With a Driver With No Insurance

After an accident involving an uninsured driver, you may not know what to do next. We encourage you to consider getting representation. 

Having legal support can help you take the steps you need to protect your rights, including your right to pursue compensation that helps you pay your accident-related expenses.

Our Raleigh personal injury lawyers provide support in uninsured driver cases by evaluating your insurance policy. We will identify all potential sources of compensation, including UM/UIM coverage and other applicable policies. We also will:

• Investigate the accident: Gathering evidence to establish fault and understand the full extent of damages.
• Calculate your damages: Assessing the full scope of your losses, including current and future medical expenses, lost wages, and diminished earning capacity.
• Handle communications and negotiations: Managing all interactions with insurance companies and other parties, allowing you to focus on recovery.
• Negotiate with insurance companies: Working to secure the highest possible compensation from your insurance provider or other parties.
• File a lawsuit: Taking legal action against the uninsured driver if necessary to pursue fair compensation.
• Represent you in court: Providing skilled advocacy in court to ensure your case is presented effectively.

We will advise you on your legal options throughout your case. By working with our legal team, you will understand your rights and the best course of action based on North Carolina’s insurance laws.

What to Do After an Accident With an Uninsured Driver

If you’re involved in an accident with an uninsured driver, take these steps now:

• Call law enforcement: File a police report to document the incident and establish fault.
• Seek medical attention immediately: Prioritize your health by getting checked for injuries, even if you feel fine. Some injuries may not show symptoms right away, and prompt treatment can prevent complications and strengthen your case for compensation.
• Gather evidence: Take photos, collect contact information, and get witness statements if possible.
• Notify your insurance company: Inform your insurer about the accident and confirm your coverage options.
• Consult our lawyers: Speak with a Raleigh personal injury lawyer to explore your legal options for recovering damages.

Frequently Asked Questions About Uninsured Driver Accidents

Dealing with an accident involving an uninsured driver can raise many questions about your rights, insurance coverage, and the steps you should take next. 

Below, we’ve answered some of the most common questions to help you understand what to expect and how to protect yourself after this type of accident.

Can I Still Get Compensation if the Other Driver Doesn’t Have Insurance?

Yes. UM/UIM coverage, personal injury lawsuits, and additional policy provisions like MedPay may provide compensation.

What if I’m Partially At Fault for the Accident?

North Carolina follows a contributory negligence rule, meaning you may not recover damages if you are even 1% at fault. A lawyer can help assess fault and build a strong case.

Is Driving Without Insurance a Crime in North Carolina?

While it’s not typically a felony, driving without insurance violates state law and can result in fines, license suspension, and other penalties.

Call Today for Help With a Crash Involving an Uninsured Driver

A lot can happen to uninsured drivers who take the risk of operating a vehicle without the proper coverage that state law requires. Uninsured drivers face significant penalties and financial burdens if they are involved in an accident. 

For victims, navigating the legal and financial challenges of such an accident can be complex. A car accident lawyer from Whitley Law Firm will provide the representation and support as we help you with your uninsured motorist claim in Raleigh. 

We have helped many seriously injured individuals in North Carolina since 1974 and will use 120-plus years of combined legal experience to help you. Contact us today to discuss your case. We return all phone calls within 24 hours, so give us a call today.