Hit By an Uninsured Driver in North Carolina? Here Are Your Options

Regardless of the at-fault driver’s insurance status, the first steps after a car accident remain the same as after any vehicle collision. Prioritize your health and safety, as well as those of your passengers. Then, document the details of the accident.  

 If you are in an accident, remember the following list of actions:  

1. Do not admit fault. In the initial distress after an accident, many people feel the urge to apologize out of politeness, whether they were at fault or not. But even an apology can be taken as an admission of fault by the other driver or witnesses. In an at-fault state, admitting responsibility for an accident can mean major financial ramifications later. Your admission of fault may go in the accident report, swaying the story in the other drivers’ favor even if they were responsible.  
2. Seek medical attention. Even if you don’t immediately notice an injury, it’s best to be examined by a physician. Adrenaline and shock after an accident can delay the onset of symptoms, so you could have internal injuries or a concussion without realizing it. If paramedics arrive on site, be sure to get checked by them. Even if the accident is not serious enough for paramedics to be called, you should still see your general physician or an urgent care center as soon as you can. 
3. Get a police report. No matter the severity of the crash, you should always call the police after a car accident. The police can assess the evidence and write an official report that can help determine who was at fault. Make sure to ask the reporting officer for the report number so you can give it to your insurance provider. If for some reason the police do not come to the scene, you can visit your local police station to fill out the report yourself. North Carolina law requires law enforcement be notified of an accident as soon as you’re able, “by the quickest means of communication.” Additionally, you’ll need to provide a copy of a police report to your insurance company to file your claim. 
4. Collect documentation of the accident. If able, make sure you get the driver’s personal and vehicle information: their name, address, driver’s license number, and vehicle identification number. Take photos of the damage to both vehicles. Record the names and contact information of any witnesses. Be sure to also keep any medical records pertaining to the accident. 
5. File a claim with your own insurance. As of July 1, 2025, North Carolina law requires auto insurance policies to include uninsured and underinsured motorist coverage. Coverage minimums were also increased. The uninsured motorist clause in your insurance policy should help you get coverage for damages in spite of the other driver’s lack of insurance. 
6. Contact a lawyer. While North Carolina is an at-fault state, it also has a rule called “contributory negligence.” This means that even if the other driver is designated as “at fault,” you can also be found somewhat responsible, limiting your options for filing a claim. For example, if immediately before the accident, you were doing something illegal like speeding or texting, then you could be partially at fault, making it difficult to get coverage under your uninsured motorist clause. Contributory negligence claims can be tough to fight, but a skilled North Carolina lawyer can help.