Steps to Take After a Crash With an Uninsured Driver in NC

Stay Safe and Call for Help

In the moments after a collision, your first priority is safety. If you can do so without worsening injuries, move yourself and your passengers out of traffic and to a safe location. Turn on hazard lights and, if available, set out flares or reflective triangles.

Call 911 to request law enforcement and medical assistance. Even if the crash seems “minor,” an official response can be crucial later—especially when the at-fault driver has no insurance and you must rely on other forms of coverage or legal options.

Get Medical Care—Even If You Feel “Fine”

Adrenaline can mask pain. Some serious injuries (concussions, internal injuries, soft-tissue damage) may not be obvious right away. If EMS recommends evaluation, go. If you decline transport, schedule an urgent appointment as soon as possible.

Documenting medical care is not only important for your health—it also creates a record connecting your injuries to the crash, which can be essential when you make an uninsured motorist (UM) claim or pursue other recovery.

Make Sure a Police Report Is Filed

In North Carolina, a crash report can be a key piece of evidence when liability is disputed or when the other driver is uninsured. When officers arrive:

• Provide accurate information about what happened.
• Avoid guessing speeds or distances.
• Do not minimize your injuries.
• Ask how to obtain the report number and a copy later.

If police do not respond (which sometimes happens in very minor collisions), you can still document the incident thoroughly and may be able to report it through local procedures. However, when an uninsured driver is involved, a formal report is strongly recommended.

Gather Evidence at the Scene

When the other driver is uninsured, the quality of your evidence matters even more. If you are able, collect:

• Photos/videos of vehicle damage from multiple angles
• Photos of the roadway, debris, skid marks, and traffic signals/signs
• Weather and lighting conditions
• The other driver’s license plate, driver’s license, and contact information
• Statements and contact information for witnesses

If the other driver admits they have no insurance, note it and share it with the officer. Do not argue or escalate the situation. Stay calm and focused on gathering facts.

Do Not Accept Cash or “Side Deals” at the Scene

Uninsured drivers sometimes offer to pay out-of-pocket to avoid police involvement. This can backfire quickly—repairs and medical bills often exceed what anyone expects, and informal agreements are difficult to enforce.

A better approach is to document everything, involve law enforcement, and protect your right to pursue compensation through appropriate channels.

Notify Your Insurance Company Promptly

Most auto policies require timely notice of a crash. Call your insurer as soon as practical and report the collision. Provide basic facts. If you are unsure about fault or the extent of injuries, it’s okay to say you are still evaluating.

Be careful with recorded statements. Insurance companies—yours and the other driver’s (if any coverage exists)—may use your words to reduce or deny a claim. If you are asked for a detailed recorded statement and you have injuries or significant damages, consider speaking with an attorney first.

Understand Uninsured Motorist Coverage in North Carolina

North Carolina law generally requires UM coverage as part of auto insurance. UM coverage is designed to protect you if you are hit by a driver who has no liability insurance.

Depending on your policy and the facts of your case, UM coverage may help pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Other damages caused by the uninsured driver

Uninsured vs. Underinsured Coverage

It’s also important to understand the difference between uninsured motorist (UM) and underinsured motorist (UIM) coverage:

• UM applies when the at-fault driver has no insurance (or in some hit-and-run situations).
• UIM may apply when the at-fault driver has insurance, but not enough to cover your losses.

A crash with an uninsured driver typically triggers a UM claim, but the details depend on the policy language and how the collision occurred.

If It Was a Hit-and-Run, Treat It Like an Uninsured Driver Case

Many hit-and-run crashes are handled similarly to uninsured driver claims because you often cannot identify the at-fault driver or confirm insurance. If the driver fled:

• Call police immediately and request an investigation.
• Write down everything you remember (vehicle description, direction of travel, partial plate).
• Look for nearby cameras (businesses, traffic cameras, doorbell cameras).
• Ask witnesses to stay and provide statements.

UM coverage may apply, but insurers often require proof that the crash occurred and that you reported it promptly—another reason documentation is critical.

Watch Out for North Carolina’s Contributory Negligence Rule

North Carolina follows a strict legal doctrine called contributory negligence. In many cases, if you are found even 1% at fault, you may be barred from recovering damages from the other driver.

When the at-fault driver is uninsured, you may be pursuing compensation through your UM carrier. Even though it is your own insurance company, UM claims can still involve disputes over fault. The insurer may raise contributory negligence as a defense to limit or deny payment.

Practical steps to protect yourself include:

• Avoid apologizing or making statements that could be interpreted as admitting fault.
• Stick to facts when speaking with police and insurers.
• Preserve evidence (photos, witness information, dashcam footage).

Keep a Clear Record of Your Losses

Strong documentation can make the difference between a smooth claim and a frustrating denial. Start a file and keep:

• Medical bills, discharge paperwork, prescriptions, and therapy notes
• Proof of missed work and lost income (pay stubs, employer letter)
• Repair estimates and receipts
• Rental car and towing bills
• A daily pain/symptom journal (sleep issues, limitations, emotional impact)

These records help establish both financial losses and non-economic damages like pain and suffering.

Consider Other Sources of Compensation

When the at-fault driver has no insurance, recovery may still be possible through additional avenues:

Medical Payments (MedPay) Coverage

If you carry MedPay, it can help pay medical bills regardless of fault, up to your policy limits. This can be especially helpful early on while a UM claim is pending.

Collision Coverage

Collision coverage may pay for vehicle repairs (subject to your deductible), even if the other driver has no insurance.

Coverage Through a Household Policy

In some situations, UM coverage may extend through a household family member’s policy or other applicable policies. The details are fact-specific, but it’s worth exploring.

Suing the Uninsured Driver

You can pursue a personal injury claim directly against the uninsured driver. However, many uninsured drivers have limited assets, which can make collecting a judgment difficult. An attorney can help evaluate whether litigation is likely to result in real recovery and whether other coverage options are more practical.

Be Cautious With Early Settlement Offers

If you are contacted with a quick settlement offer—especially before you have completed treatment—be careful. Once you sign a release, you may give up the right to seek additional compensation even if your condition worsens.

A fair resolution should account for:

• Current and future medical needs
• Lost wages and reduced earning capacity
• Pain, suffering, and loss of enjoyment of life
• The full impact of the crash on your daily activities

Know the Importance of Deadlines

North Carolina has legal deadlines (statutes of limitations) that can affect your ability to pursue compensation. Missing a deadline can jeopardize your claim.

Additionally, insurance policies often contain their own notice requirements and procedures for UM/UIM claims. Reporting promptly and following required steps helps protect your rights.

Because deadlines and requirements can vary based on the facts (including whether the crash involves a hit-and-run), it is wise to speak with a lawyer early.

When to Talk to a Lawyer

Uninsured driver cases can become complicated quickly—especially if you have injuries, significant vehicle damage, or any dispute about fault. Consider speaking with an attorney if:

• You suffered injuries requiring ongoing care
• Your insurer questions fault or downplays your injuries
• You are asked to give a recorded statement or sign broad medical authorizations
• The other driver fled the scene
• You are unsure what coverage applies

An experienced attorney can help investigate the crash, gather evidence, communicate with insurers, and pursue the full compensation you are entitled to under North Carolina law.

How Vasquez Law Firm Can Help

At Vasquez Law Firm in Charlotte, we understand how stressful it is to be hit by an uninsured driver. You may be dealing with pain, missed work, transportation problems, and uncertainty about how bills will be paid. Our team can help you:

• Identify all available insurance coverage (UM, UIM, MedPay, collision)
• Build a strong liability case with evidence and witness support
• Handle communications and negotiations with the insurance company
• Protect you from unfair blame under North Carolina’s contributory negligence rule
• Pursue compensation for medical bills, lost wages, and the real impact on your life

Take the Next Step

If you were hit by an uninsured driver in Charlotte or anywhere in North Carolina, don’t try to navigate the process alone. The right steps early on can protect your health and your claim.

Contact Vasquez Law Firm to discuss your situation and learn what options may be available. We can help you understand your coverage, your rights under North Carolina law, and the best path forward toward financial recovery.