Is It Worth Suing an Uninsured Driver? 

You can sue an uninsured driver in North Carolina, but recovering money can be more complicated. These cases often depend on whether there’s a realistic source of recovery. If your uninsured motorist (UM) coverage doesn’t fully cover your medical bills, lost wages, or other losses, you may still have other legal options. Our team of car accident lawyers at Rhine Law Firm will explore every possible source of compensation for you. We handle the legal side so that you can stay focused on healing and getting your life back.

“While you may feel discouraged or overwhelmed if the at-fault driver is uninsured, our car accident attorneys can help alleviate those fears by outlining all of your options for financial recovery.” 

North Carolina Car Insurance Requirements 

Under North Carolina law, every registered vehicle is required to carry continuous liability insurance from a licensed insurer. As of July 1, 2025, the statutory minimum liability coverage is 50/100/50. This means $50,000 per person, $100,000 per accident for bodily injury liability, and $50,000 for property damage liability. In addition, all policies must include uninsured/underinsured motorist (UM/UIM) coverage meeting at least the same minimum limits. 

If you suffered a personal injury and your UM/UIM coverage does not fully compensate you for your losses, you may be able to pursue the uninsured driver directly for the remaining damages, though this depends on whether they have income or assets that could satisfy a judgment. 

Other Potential Sources of Compensation in an Uninsured Driver Case 

While uninsured motorist (UM) coverage is often the primary source of recovery after a crash involving an uninsured driver, there may be other options available. Depending on the facts of your case, the following parties may also be held legally responsible: 

• Vehicle Owner Liability. If the car’s owner knowingly allowed an uninsured or unfit driver to operate their vehicle, they may be held liable under North Carolina’s negligent entrustment law. 

• Parental or Guardian Liability (When the Driver Is a Minor). If the at-fault driver is underage, their parents or legal guardians may be legally responsible, especially if they gave permission to drive or failed to exercise proper supervision. 

• Employer or Business Liability. If the at-fault driver was working at the time of the crash, their employer or business may be legally responsible, and even if no insurance applies, the company’s assets may still be used to satisfy a legal claim. 

• Liability for Unsafe Roads or Traffic Control Failures. If the crash was caused by malfunctioning traffic signals, poor road design, or lack of maintenance, the city, county, or state agency responsible for the roadway may be held liable. 

• Product or Repair Defect Liability. If a vehicle defect contributed to the accident, such as brake failure or a steering issue, the manufacturer, dealership, or auto repair shop may be responsible. 

Determining who may be legally responsible, and whether they have insurance or assets to cover your losses, requires a detailed investigation. At Rhine Law Firm, we work to identify every viable source of compensation available to you. 

What to Do After a Crash with an Uninsured Driver 

Here are important steps you can take to protect your health, your legal rights, and your ability to recover compensation: 

• Call 911 and Insist on a Police Report. This is especially critical in uninsured motorist cases. Without a police report, your insurance company may deny your UM claim or require significantly more proof that the other driver was at fault and uninsured. 

• See a Doctor as Soon as Possible. Early medical records serve as key evidence when you’re relying on your own insurance (UM coverage) rather than the at-fault driver’s policy. Delays in treatment can raise red flags with your insurer. 

• Do Not Accept Cash or Off-the-Record Deals. Uninsured drivers may try to offer money or ask you to “keep it off the books” to avoid legal trouble. 

• Secure Proof of No Insurance. Ask to see the driver’s insurance card or proof of coverage. If they cannot provide it, tell the responding officer that the driver appears to be uninsured. The officer should include this information in their report. 

• Document Everything. Take detailed photos, videos, and gather witness contact information. Since the at-fault driver has no insurer to investigate or accept liability, the burden of proof falls more heavily on you and your legal team. 

• Notify Your Insurance Company Promptly and Clearly. Report the crash to your insurer as soon as possible, and specifically state that the other driver appeared to be uninsured. This helps trigger your uninsured motorist (UM) coverage and allows your insurer to start the process of verifying the other party’s insurance status. 

Schedule a Free Consultation at Rhine Law Firm  

If you were seriously injured in an accident caused by an uninsured driver, we have decades of experience handling uninsured and underinsured motorist (UM/UIM) claims and know the tactics insurance companies often use to delay or deny rightful compensation. Schedule a free, no-obligation consultation today.  

About Us

Rhine Law Firm, P.C. serves clients throughout North Carolina and nationwide, specializing in complex civil litigation led by Joel Rhine. With expertise in personal injury, car accidents, property damage, sex abuse, and more, the firm is passionate about taking on challenging cases. They emphasize providing personalized legal representation, prioritizing their clients’ best interests while offering state-of-the-art legal strategies. Rhine Law Firm’s dedicated attorneys enjoy the fight for justice and are committed to guiding clients through complicated legal processes. The firm offers free consultations, flexible appointment scheduling, and Spanish language services.