Being hit by a driver who has little, or no insurance, can feel overwhelming. Unfortunately, uninsured and underinsured motorist accidents happen every day in Charlotte. The good news is that North Carolina law requires certain protection, and with the right steps, you can recover the compensation you need. 

This guide walks you through North Carolina’s insurance requirements, the steps to take immediately after an accident, how to file a UM/UIM claim, and your legal options if coverage isn’t enough. 

1. Understanding NC’s UM and UIM Insurance Requirements 

North Carolina law requires all drivers to carry uninsured motorist (UM) coverage, which protects you if you’re hit by a driver with no insurance. 

• UM Coverage (Mandatory): Protects you when the at-fault driver has no insurance at all. 

• UIM Coverage (formerly optional but recommended, after July 1^st, 2025, Mandatory): Protects you when the at-fault driver’s coverage isn’t enough to cover your losses. 

For many years the minimum liability policy in NC was 30/60 (30k per person and 60k per accident). Effective July 1, 2025, minimum liability limits: 

• $50,000 per person 

• $100,000 per accident 

Understand that it will take a year for all the policies to renew and the changes to then impact all policies. 

Key Difference: UM means no insurance. UIM means not enough insurance. 

2. Immediate Steps Following the Collision 

Taking the right actions right away helps protect both your health and your legal rights: 

1. Ensure safety and call 911 – Report the accident and request medical help if needed. 

2. Document the accident – Take photos of the scene, collect witness contact info, and get a copy of the police report. 

3. Seek medical care – Some injuries may not appear immediately but can worsen later. 

4. Report the accident to police immediately if there is an injury, death, or property damage more than $1000. 

3. Filing a UM/UIM Claim with Your Insurance  

When the other driver lacks coverage, you’ll need to turn to your own insurer. They are not your friend, while they have a greater responsibility to you than an at fault parties’ insurance carrier, they will still try to adjust your claim down. They can and will use what you say and do against you in valuing your claim. So, if you are thinking about hiring a lawyer it would make sense to talk to an experienced accident lawyer before you talk to your insurance.  

• Notify your insurance company promptly and provide documentation (police report, photos, medical bills, repair estimates). 

• Claim process: Your insurer will investigate, may offer a settlement, and in some cases, disputes may go to arbitration or trial. 

• Contributory negligence warning: In North Carolina, if you are found even 1% at fault, you may be barred from recovery. 

• Coverage details: UM usually includes injury claims, but property damage from hit-and-runs may only be covered if the driver is identified. Otherwise, you might be limited to your own collision coverage if you have it. 

• Subrogation rights: If your insurer pays your claim, they may later pursue reimbursement from the at-fault driver. 

4. What If Your Damages Exceed Coverage or UM Isn’t Available? 

Sometimes your medical bills and losses exceed your UM/UIM policy limits. In these cases, your options include: 

• File a lawsuit against the at-fault driver and get a judgement more than the policy, though recovery may be limited if the at fault party has no assets. 

• Look for other responsible parties, such as an employer (if the driver was working), a vehicle owner, or even a government entity if poor road design played a role. 

• Filing in Charlotte courts involves steps such as drafting a complaint, serving the defendant, answering and propounding discovery and perhaps attending hearings and a trial. Remember, litigation (the process of going to court) can be expensive. 

5. Local Considerations & Statutes of Limitation 

• Statute of Limitations: In North Carolina, you have a limited amount of time to file a lawsuit before your claim is time barred. The statute can be shorter or longer if you are a minor, or it is for a deceased or perhaps some other exception. It is important to discuss your case early with a lawyer so you can confirm your statute of limitations. Also know that lawyers do not want to typically get involved in a case with a short statute of limitations as it takes time to investigate the case, draft te lawsuit and get it filed. 

• Charlotte-specific: Mecklenburg County courts handle a high volume of accident cases, and processes may move differently compared to smaller counties. Having a local attorney familiar with the court system is a big advantage. 

6. Pro Tips on Policy Review and Upgrades 

Protect yourself before an accident happens: 

• Review your UM/UIM coverage and consider increasing your limits above the state minimum. 

• Add collision, comprehensive, or medical payments coverage for extra protection. 

• Revisit your policy annually, especially if your family or driving needs change. 

7. When to Hire a Charlotte Personal Injury Attorney 

Legal help is especially important if: 

• You suffered serious personal injuries 

• You are facing  possible defenses like contributory negligence. 

• You have significant medical expenses that a lawyer can negotiate for you 

• You do not have the legal experience to handle the case your self 

A local attorney can handle negotiations, represent you in arbitration, and file lawsuits when necessary. Attorneys familiar with Charlotte and Mecklenburg County courts can also anticipate local procedures and strategies. 

8. Summary & Action Checklist 

• Ensure safety and call 911 

• Collect evidence and witness information 

• Notify the police  

• Notify your insurance company 

• Seek medical care 

• Consult with a Charlotte personal injury attorney 

• Review and strengthen your insurance coverage 

FAQs 

1. Is uninsured motorist coverage required in North Carolina? 
Yes. UM coverage is mandatory.  

2. What are the current minimum liability limits in NC? 
As of July 1, 2025, policies effective or renewed after that date: $50,000 per person and $100,000 per accident for bodily injury. 

3. Does UM coverage pay for property damage in a hit-and-run? 
Only if the uninsured driver is identified. Otherwise, you’ll need collision coverage. 

4. What if I’m even 1% at fault in the accident? 
North Carolina follows contributory negligence, meaning you could be barred from recovery. A lawyer can assess the strength of this defense. 

5. How long do I have to take legal action? 
Generally, three years from the date of the accident, HOWEVER, some statutes of limitations are shorter, and others are longer so you must determine the specific length of the statute of limitations in your case.