Charlotte Uninsured/Underinsured Motorist Lawyer

Charlotte Uninsured/Underinsured Motorist Attorney

From Brett’s interview for the Masters of the Courtroom series on ReelLawyers.com.

If you have been injured by a hit-and-run driver or a driver who has inadequate liability insurance, you may still be able to obtain compensation. Your own uninsured/underinsured motorist insurance (UM/UIM) may provide a source of coverage. However, even a seemingly simple auto accident claim can present complex issues of fact and law. You should speak with an experienced Charlotte uninsured/underinsured motorist lawyer about your case.

Let Us Help You Recover The Compensation You Deserve

At Ayers, Ayers & Dressler, we are strong advocates for victims of motor vehicle accidents. Our law firm is committed to obtaining full compensation for every client. When you retain us to represent you, we will work diligently to obtain the greatest possible settlement or jury award for you.

Having represented thousands of accident victims over the years, attorney Brett E. Dressler understands insurance coverage issues. Mr. Dressler will carefully analyze the insurance and liability issues in your case and seek compensation from all possible sources.

North Carolina Uninsured/Underinsured Motorist Insurance Laws Explained 

Car owners are responsible for maintaining automobile insurance in Charlotte. North Carolina law establishes state-mandated liability limits and uninsured/underinsured motorist coverage that applies when an at-fault driver lacks insurance or has inadequate insurance to pay injured motorists. 

Effective July 1, 2025, N. C. Gen. Stat. § 20-279.21 generally requires new automobile liability policies and renewed policies to include at least: 

• $50,000 in bodily injury liability coverage per person
• $100,000 in bodily injury liability coverage per accident
• $50,000 in property damage liability coverage per accident 

These laws apply throughout North Carolina, including if you were involved in an accident along Interstate 77, Interstate 85, Independence Boulevard, or any other Charlotte roadway. 

The Difference Between UM and UIM Coverage

Uninsured motorist coverage may apply when an at-fault driver has no liability insurance. Furthermore, it extends to eligible hit-and-run situations where the at-fault party is unable or unwilling to cover the victim’s losses. Conversely, underinsured motorist coverage applies when the at-fault driver’s available liability insurance is insufficient to compensate the injured person. 

Insurers generally may not reduce the amount of available UIM coverage by the amount paid from the at-fault driver’s liability insurance policy. However, there are some exceptions to this rule. How much coverage applies to a specific accident depends on the policy’s effective dates, the selected coverage limits, and other facts related to the collision.

What To Do After an Accident With an Uninsured Driver

As with any car accident, it’s essential to take certain steps to protect your rights if you collide with an uninsured or underinsured driver. Should an at-fault driver lack insurance or sufficient coverage for your injuries after an accident, having their contact details readily available may be essential for handling your uninsured/underinsured motorist claim. In addition to calling law enforcement, consider taking these steps:

• Check for injuries and call for emergency assistance: If needed, request medical assistance and notify the police.
• Exchange information with the other driver: Write down the other driver’s name, contact information, plate number, and any available insurance information.
• Document the scene: Take photos of the other car, your car, traffic lights, road conditions, and your injuries if possible.
• Gather witness information: If any bystanders witnessed the accident, ask for their contact information.
• See a doctor: Medical evaluations can help determine if you suffered injuries in the accident and create a record linking any injuries to the crash.
• Notify your insurance company: Promptly report the accident and cooperate with your insurance company’s uninsured/underinsured motorist claim requirements. 

Drivers should never assume that someone is uninsured. Many insurance cards are temporary, and policies may be verified through other means. 

North Carolina Underinsured Motorist Laws

Hit-and-run accidents pose special problems since the driver who was at fault may never be identified. North Carolina law requires evidence of various factors to support uninsured motorist claims involving unknown vehicles. In some situations, these factors may include proof of physical contact, timely notice, and corroborative evidence.

Imagine that you were struck by an unknown driver while stopped at a light at the I-77/I-277 interchange. Not only would you need to prove how the accident happened, but you would also need to prove that your UM coverage applies. Because of these special considerations, claims involving unidentified drivers should be reviewed with extra care. 

Why Hire an Uninsured/Underinsured Motorist Lawyer

When dealing with uninsured or underinsured motorist claims in Charlotte, NC, disagreements often arise concerning coverage, who’s at fault, the cost of medical care, and how much the injuries are worth.

A Charlotte uninsured/underinsured motorist attorney can review insurance policies to identify potential coverage and explain how multiple policies may offer benefits. Additionally, an attorney can review the police report, secure medical evidence, assess the insurance company’s settlement offer, and work to resolve coverage or fault disputes.

Should you be unable to settle, bringing in legal counsel might mean initiating a legal claim and formally notifying the UM/UIM insurer of the opportunity to present a defense. 

Claims involving uninsured/underinsured motorists can be settled through the insurance process, mandatory arbitration processes, or through the courts. If your case is eligible, you can bring your claim concerning a Mecklenburg County car accident to the Mecklenburg County Courthouse, situated at 832 East Fourth Street, Charlotte, NC 28202.

In North Carolina, the statute of limitations for most personal injury claims that are based on negligence is three years, according to N. C. Gen. Stat. § 1-52. There are notice requirements within insurance policies and other rules that may apply to UM/UIM claims.

Speak With Our Charlotte Uninsured/Underinsured Motorist Lawyer Before Talking With Your Insurance Company

Your insurance company wants to keep its claim costs low. It has trained its claim representatives and adjusters in ways of eliciting information that it can use to defeat your claim. Our Charlotte Uninsured/Underinsured Motorist Lawyer at Ayers, Ayers & Dressler can protect your rights by handling all aspects of your claim, including communications with your insurance company. You can focus on getting well again, not on aggravating discussions with your insurer.

FAQs About Charlotte, NC Uninsured/Underinsured Motorist Laws

Is It Worth Filing a Claim Against an Uninsured Motorist in Charlotte?

In Charlotte, whether filing a claim against an uninsured driver is worth your effort depends on whether the at-fault driver has the personal assets or income that could be used to pay a judgment. Getting financial compensation directly from the person responsible for your injuries when they lack insurance is tough. Before pursuing other avenues of recovery, injured motorists should find out if they have uninsured motorist coverage and if it applies to their accident. 

Does NC Require UM/UIM Coverage?

Yes. North Carolina law mandates uninsured motorist coverage be included on automobile liability insurance policies. As of policies renewed or purchased on or after July 1, 2025, North Carolina law also mandates that underinsured motorist coverage be included on all policies, including those with minimum liability limits. Standard minimum bodily injury coverage is $50,000 per person/$100,000 per accident, subject to the terms of your policy. 

How Long Does It Take to Settle an Uninsured Motorist Claim in Charlotte?

Uninsured motorist claims in Charlotte can take anywhere from a few months to a year or more to settle. The more severe the injuries, the more evidence available to prove liability and damages, and the fewer arguments the insurance company has to reduce the value of the claim, the faster it may settle. 

Can You File a Claim Against Your Own Insurance Company for Uninsured Motorist Coverage?

Yes. In North Carolina, insureds can file a claim against their insurance company if it wrongfully denies or refuses to pay an uninsured motorist claim. Keep in mind that uninsured motorist claims have unique legal and procedural requirements. Depending on the facts of your case, you may need to file a claim against the driver, your insurer, or both. Be sure to read your policy and understand how North Carolina law applies to your claim before filing.

No Recovery, No Fee

Ayers, Ayers & Dressler accepts motor vehicle accident cases, including uninsured motorist accident cases, on a contingent fee basis. We only collect attorney fees if we obtain benefits for you.

Free Consultation With An Attorney

Contact Ayers, Ayers & Dressler in Charlotte, North Carolina, to discuss a case involving an uninsured or underinsured driver claim.