According to figures found on policygenius.com, which touts itself as “the country’s leading online insurance marketplace,” a majority of states have lower insurance requirements than the state of North Carolina. This includes most of the states that border North Carolina. Four states, including Virginia, allow drivers to have no auto liability insurance at all. For example, Virginia Drivers are not required to purchase auto insurance on a vehicle registered in Virginia. However, according to Va. Code § 46.2-706, if you do not purchase auto insurance, you are required to pay an uninsured motorist fee of $500.00 per year. When you register a motor vehicle, you must indicate whether or not the vehicle is insured, and pay the uninsured fee if it is not.
So what happens if one of those out-of-state drivers runs into you while driving? What if the other driver’s coverage has expired because they have not paid their premiums, or whose insurance company has gone bankrupt? What if they were a hit-and-run driver?
You’ve been injured in a car accident through no fault of your own. You are in pain and your medical bills are piling up. Your car is damaged and you are looking at costly repairs. How are you going to pay for it all?
The person who caused all of this chaos in your life has no insurance and is unlikely able to pay some of those bills out of their own pocket. That’s assuming they even stuck around for you to find out who they are. Are you just out of luck? Maybe not.
This is where Uninsured Motorist Coverage comes in. The North Carolina General Statutes § 20-279.21(b)(3) states in relevant part:
No policy of bodily injury liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle, shall be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless coverage is provided therein or supplemental thereto, under provisions filed with and approved by the Commissioner of Insurance, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom…
This means that Uninsured Motorist Coverage is mandatory in North Carolina. If you have an insurance policy purchased in North Carolina, you likely have uninsured motorist coverage too. If you are injured by a driver who isn’t covered by liability insurance, or whose liability insurance doesn’t meet the minimum coverage requirements of North Carolina, or whose insurance company has gone bankrupt and can no longer cover claims, your own insurance policy could cover your injuries and property damage. Even if you are injured by a hit-and-run driver, you could file a claim with your own insurer to recover damages under your Uninsured Motorist Coverage. This statute reflects a long-standing policy in North Carolina of protecting the rights of innocent victims of the negligence of others. Once it is determined that the at-fault driver has no insurance or their insurance company denies that they are covered, you can file a claim with your insurance company to cover the car accident under the Uninsured Motorist Coverage of your policy. The statute states:
The provision shall further provide that a written statement by the liability insurer, whose name appears on the certification of financial responsibility made by the owner of any vehicle involved in an accident with the insured, that the other motor vehicle was not covered by insurance at the time of the accident with the insured shall operate as a prima facie presumption that the operator of the other motor vehicle was uninsured at the time of the accident with the insured for the purposes of recovery under this provision of the insured’s liability insurance policy.
This means that if the at-fault driver’s insurance company denies coverage in writing, it creates the presumption that the driver is uninsured and that your policy’s Uninsured Motorist Coverage provisions are applicable.
You will still need to prove that the person who hit your car was completely liable for the car accident and that their liability coverage would be responsible for paying if they had any, and your insurance can assert any defense that would be available to the at-fault driver or their insurance. There are also a number of exceptions that may apply and requirements that must be met, especially when dealing with a hit-and-run driver. You should, therefore, be sure to immediately seek the assistance of an experienced personal injury attorney to represent you as you seek to recover just compensation for your injuries and damage to your property. Contact us now for a FREE personal injury consultation and let us help you get the settlement you deserve! You don’t pay us unless you get paid.
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