Losing a loved one in a crash is devastating. When the at-fault driver doesn’t even have insurance, it can feel like there’s nowhere to turn for help or justice.
Sadly, this heartbreak is not uncommon. According to the North Carolina Department of Transportation, 1,732 people were killed in traffic crashes across the state in 2024.
Your family still has legal options even in the face of this tragedy. North Carolina law gives you the right to pursue a wrongful death claim, even when the driver who caused the accident has no insurance.
Discover the potential sources of compensation and how an experienced Winston-Salem wrongful death lawyer can help your family recover what you deserve.
What’s Covered in a Wrongful Death Claim?
A wrongful death claim acknowledges the financial and emotional impact of losing someone too soon. Families may be entitled to recover compensation for:
- Medical Bills: Costs of care the victim received before passing.
- Funeral and Burial Expenses: Immediate costs that often overwhelm grieving families.
- Lost Income and Benefits: Wages, retirement contributions, or financial support the victim would have provided.
- Loss of Services: Household contributions such as childcare or caregiving.
- Emotional Suffering: The loss of love, companionship, and guidance.
While no amount of money replaces a loved one, compensation can provide stability and security during a painful transition.
Who Can File a Wrongful Death Claim?
In North Carolina, wrongful death claims are brought by the personal representative of the deceased’s estate. This is usually the person named in the will as executor, but if no one is named, the court can appoint a representative, often a spouse, adult child, or parent.
The representative files the claim on behalf of the surviving family members. Under state intestacy law, any compensation is typically distributed to:
- The spouse
- Children or grandchildren
- Parents
- Siblings
Most wrongful death settlements are paid through the at-fault driver’s insurance. However, when no coverage exists, families are left asking where recovery can come from.
Possible Sources of Recovery
When a fatal crash involves an uninsured driver, families may still have ways to pursue compensation, such as:
Uninsured Motorist (UM) Coverage
UM coverage is required in every North Carolina auto insurance policy. It applies when the at-fault driver has no insurance and may cover:
- Medical bills
- Funeral expenses
- Lost income
- Pain and suffering
This coverage is often the quickest and most reliable way for families to access support after losing a loved one.
Other Insurance Policies
Sometimes, families can turn to other forms of insurance for added financial support, including:
- Underinsured Motorist (UIM)Coverage: Similar to UM insurance, it’s required in North Carolina. It pays when the at-fault driver’s insurance isn’t enough to cover the full damages.
- Employer Coverage: If the victim was working at the time of the crash, workers’ compensation or a commercial auto policy may provide benefits for lost income and death-related expenses.
- Umbrella Policies: Extra liability coverage purchased by the victim or household. These policies extend beyond standard auto limits and can help cover significant financial losses.
This coverage can help fill the gap for many families, replacing lost income or providing continued support for children and dependents when UM benefits aren’t enough.
Third-Party Claims
Liability doesn’t always end with the driver. Other parties may also share responsibility, such as:
- Bars or restaurants that overserved a driver who later caused the crash
- Vehicle manufacturers whose defective parts contributed to the collision
- Contractors or agencies that left the roadway in an unsafe condition
Pursuing third-party accountability can create opportunities for recovery that might not otherwise be available.
The details in these policies can be confusing. A skilled wrongful death lawyer in Winston-Salem can guide you through the process and fight to protect your family’s right to compensation.
Why These Cases Are Challenging for Families
Pursuing a wrongful death claim against an uninsured driver in North Carolina often involves multiple insurance carriers, detailed investigations, and strict legal procedures. Insurance companies may dispute coverage, undervalue damages, or deny responsibility.
Loved ones already struggling with grief should not have to carry this burden on their own. At Lewis & Keller Injury Lawyers, our experienced Winston-Salem wrongful death lawyers support you by:
- Reviewing all available insurance policies
- Investigating third-party liability
- Calculating the full extent of damages
- Handling negotiations with insurers
- Filing the wrongful death lawsuit and fighting for a fair outcome in court.
Legal guidance helps bring your family peace of mind that every possible path to recovery is being pursued.
Help Your Family Heal With Local Legal Support
Losing a loved one in a crash with an uninsured driver can leave you feeling powerless. But you are not without options and don’t have to face them alone.
With understanding and compassion, our wrongful death lawyers can help your family get the support you need to manage expenses, protect your future, and cherish your loved one’s memory.
Contact us today for a no-obligation, confidential consultation.
