Wilmington Uninsured or Underinsured Motorist Lawyer

Even though the law requires all drivers to carry insurance, some drivers choose not to or only carry the bare minimum. When those drivers cause an accident, recovering compensation for your injuries becomes that much more complicated and difficult.

At Rhine Law Firm, P.C., we pursue all sources of compensation for those injured in serious car accidents and their families. With decades of legal experience, our uninsured motorist accident lawyers have the resources, skills and experience to help clients manage underinsured or uninsured motorist claims.

Understanding Uninsured & Underinsured Motorist Claims

North Carolina requires all drivers to carry a minimum of $30,000 in liability coverage. While this figure seems high, in reality the costs of a motor vehicle accident can be much, much higher. Multicar accidents, head-on collisions and highways can significantly raise the costs of your medical care, rehabilitation needs and long-term effects. We look to the underinsured coverage in your and other policies to address this gap.

Often, this recovery can be accomplished through arbitration. The process is complex and we make every effort to stay abreast of the latest developments and strategies to ensure our clients are fully protected and their rights are enforced.

Problems also arise when an at-fault driver does not have insurance (uninsured). In these instances, we pursue the uninsured coverage contained in our clients’ and others’ policies. In such cases, having a knowledgeable attorney on your side is invaluable. While you may feel initially discouraged or overwhelmed, our car accident attorneys can help alleviate those fears by outlining all of your options for financial recovery.

North Carolina Car Insurance Requirements

Car insurance is mandatory for all drivers in Wilmington and the rest of North Carolina. Everyone must carry the  minimum coverage amounts, which include the following:

• $30,000 for bodily injury per person
• $60,000 for bodily injury per accident
• $25,000 for property damage per accident

Insurance policies in North Carolina must also include uninsured/underinsured motorist coverage. This coverage ensures you have some recourse if you have an accident and the other person does not have adequate (or any) insurance.

What Should You Do if the Other Driver is Uninsured?

Uninsured drivers usually do not have insurance for several reasons, including not being licensed to drive, suspension of their license, or driving a stolen vehicle. This often complicates the process and could make recovering compensation for your damages more challenging.

Uninsured drivers often flee the scene, so act quickly:

1. Get information. Ask for the name, contact information, and insurance information of anyone involved in the crash. Ask to see the driver’s license or insurance policy whenever possible. Write down the license plate number, make, model, and vehicle color, or take a photo.
2. Call the police. It is always best to call the police when there has been an accident, but it is especially helpful to have law enforcement sort out insurance details..
3. Document everything. Take pictures of the cars, your injuries, and other evidence that may benefit your claim. Also, write down as much detail as possible about what happened leading up to and during the crash.
4. Seek medical attention. Adrenaline may mask your pain in the moment. So, even if you feel fine, go to the doctor. Medical records can also provide crucial evidence of your injuries and medical costs.
5. Contact an attorney. We can review your case and provide legal advice on whether to file a claim, how much you might receive, and the steps for moving forward. Our team also ensures you file within the statute of limitations.

Can You Sue an Uninsured Motorist?

While recovering damages will be more challenging, it is possible to sue an uninsured motorist. Note that North Carolina’s statute of limitations gives you three years to file your claim.

If the driver is a minor, their legal guardians or the vehicle’s owner could be liable. This is especially true if the person knew the driver did not have insurance but allowed them to use their car.

If your uninsured motorist coverage does not cover all your related losses, our team can pursue all sources of financial compensation on your behalf while you focus on your physical and personal recovery.

Penalties for Driving Without Insurance in North Carolina

A person caught driving without insurance could face criminal charges and jail time. Here are some possible penalties they could face:

• 1st offense. 30-day vehicle registration suspension, 30-day license suspension, $50 reinstatement fee, $50 civil penalty, and up to 45 days of probation.
• 2nd offense. 30-day vehicle registration suspension, 30-day license suspension, $50 reinstatement fee, $100 civil penalty, and up to 45 days in jail or probation.
• 3rd offense. 30-day vehicle registration suspension, 30-day license suspension, $50 reinstatement fee, $150 civil penalty, and up to 45 days in jail or probation.

Even if the uninsured driver was not at fault, they will likely receive a ticket for driving without insurance. Because they cannot drive the vehicle legally, it will also be impounded, and they (or the owner) must pay the associated fees. These include towing and the costs of release.

Seeking Coverage From All Available Avenues

Our attorneys look for all possible forms of coverage. In addition to seeking compensation from the at-fault driver’s insurance, if available, we can look for any benefits you may have on your own policy. If you carry uninsured motorist coverage (UM), for example, we can help you claim this coverage to handle the expenses resulting from your collision.

Some people also have additional medical coverage, or “med pay,” as part of their auto insurance policies. People with med pay coverage can make claims to cover medical expenses related to a car crash. Med pay is typically inexpensive to add on to your policy, and could significantly reduce your out-of-pocket costs should you become involved in an accident with an uninsured or underinsured driver. We don’t charge for recovering med pay coverage.

Most auto insurance policies also cover members of an entire household. Therefore, you could be entitled to coverage through a family member’s insurance policy. We will review your policies and those of your family to help you identify all available options for obtaining coverage.

Common Myths About Uninsured/Underinsured Motorist Claims in North Carolina

Uninsured and underinsured motorist (UM/UIM) coverage is often misunderstood. Many drivers either don’t realize they have it or don’t fully understand how it works—until they need it. Here are three common myths that can lead to costly mistakes:

Myth 1: “I don’t need UM/UIM coverage if I have health insurance.”
Health insurance may cover your medical bills, but it won’t pay for lost wages, pain and suffering, or long-term disability. UM/UIM coverage fills these critical gaps, helping you recover the full value of your claim.

Myth 2: “Filing a UM/UIM claim will increase my premiums.”
North Carolina law prohibits insurers from raising your rates if you file a UM/UIM claim and were not at fault. This coverage is part of your policy for a reason—using it should not penalize you.

Myth 3: “I’ll be treated fairly because I’m dealing with my own insurance company.”
Even though it’s your own insurer – one you’ve paying premiums to for years — their goal is still to minimize payouts. You may encounter delays, denied claims, or pressure to settle for less than your case is worth. Having a lawyer levels the playing field.

Understanding these misconceptions can help you make informed decisions if you’re ever hit by an uninsured or underinsured driver.

North Carolina Statutes of Limitations

In North Carolina, the statute of limitations for filing a UM/UIM claim is generally three years from the date of the accident. However, certain circumstances—such as wrongful death or delayed discovery of injuries—can affect this timeline. Missing this window can mean losing your right to compensation entirely. It’s essential to act quickly and consult with a knowledgeable attorney who can preserve your rights and ensure your claim is filed correctly and on time.

Do I Need a Lawyer for a UM/UIM Claim in North Carolina?

While it might seem like a straightforward process—especially since you’re dealing with your own insurance company—UM/UIM claims can quickly become complex. Insurance carriers may dispute the value of your claim or delay payment. Having an experienced lawyer ensures that your rights are protected, your claim is properly documented, and you are not taken advantage of during negotiations. At Rhine Law Firm, we understand the nuances of North Carolina insurance law and know how to hold insurers accountable—especially when it really matters.

Top Mistakes to Avoid When Filing a UM/UIM Claim

Filing a UM/UIM claim without legal guidance can lead to costly mistakes. Some of the most common include:

• Failing to notify your insurer in time
• Accepting a low settlement without knowing the full extent of your injuries
• Not understanding policy limits and coverage details
• Not gathering enough evidence to prove the at-fault driver’s lack of adequate insurance

Avoiding these pitfalls can significantly improve your chances of receiving the compensation you deserve. Legal representation ensures you’re equipped to navigate the process efficiently and effectively.

The attorneys at Rhine Law Firm have decades of experience delaying with UM/UIM claims and know all the tricks an insurance company is likely to try. Feel free to call for a free consultation.