Greensboro Car Accident: Uninsured & Underinsured Motorist Claims
Being hit by a driver with no insurance, or not nearly enough, turns a car accident into a dispute with your own insurance company.
A Greensboro uninsured motorist claim lawyer at Lewis & Keller Injury Lawyers handles uninsured motorist (UM) and underinsured motorist (UIM) claims for people hurt in crashes across Guilford County. These claims follow their own rules, deadlines, and settlement steps, and a misstep early on may reduce what your policy pays.
Whether the other driver fled the scene or simply carried too little coverage, a Greensboro car accident lawyer on our team is ready to sort out which policies apply. Call 336-933-9566 or contact us online to talk about your crash.
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How Does Uninsured Motorist Coverage Work in North Carolina?
Every North Carolina auto policy must include uninsured motorist coverage that protects people insured under it when they are hurt by an uninsured or hit-and-run driver, under G.S. 20-279.21(b)(3). Your own insurer pays what you are legally entitled to recover from the driver who had no coverage.
The UM limits generally match the highest bodily injury liability limits on any one vehicle on your policy, up to $1 million, unless you chose different limits. Our guide to how auto insurance coverage works explains the rest of a typical policy.
How Does Underinsured Motorist Coverage Work After the 2025 Changes?
Underinsured motorist coverage pays when the at-fault driver has insurance, but not enough to cover your damages. For policies issued or renewed on or after July 1, 2025, whether a vehicle is underinsured depends on your total damages, and UIM coverage is no longer reduced by the at-fault driver’s liability payment, according to the NC Department of Insurance.
That change matters in practice. Suppose the at-fault driver carries $50,000 in liability coverage and you carry $100,000 in UIM coverage. Under the older rules, the UIM carrier generally received credit for the $50,000 payment. Under the new rules, the full UIM limit sits on top of the liability payment when your damages are high enough.
Claims under older policies may still follow the older rules, so the policy dates matter. Our article on underinsured driver claims covers the basics.
What a UIM Claim Covers
A UIM claim covers the same losses you claim against the at-fault driver, once that driver’s coverage runs out. That usually means medical bills, lost wages, reduced earning capacity, and pain and suffering. Because the claim is measured against your total damages under the newer rules, complete medical records and wage documentation carry real weight in how much of the UIM limit comes into play.
Stacking UIM Coverage From More Than One Policy
When you are insured under more than one policy, such as your own and a household member’s, the total UIM coverage available is the sum of the highest limit available under each policy, according to the NC Department of Insurance.
UM limits for different vehicles on the same policy are not combined, under G.S. 20-279.21. Finding every policy that covers you is often the first step in a serious UIM case.
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The Settlement Step That Protects a UIM Claim
Before you accept the at-fault driver’s policy limits, your UIM carrier needs written notice of the tentative settlement. Under G.S. 20-279.21(b)(4), the UIM carrier then has 30 days to advance a payment equal to the settlement. If it does not, it loses its right to approve the settlement and its subrogation rights against the at-fault driver.
Subrogation is the insurer’s right to recover what it pays from the person who caused the crash. The North Carolina Supreme Court applied this notice rule in State Farm v. Blackwelder. Skipping the notice step, or signing a broad release first, invites a fight over whether UIM coverage survives.
The safer order generally looks like this:
- Get the liability offer in writing, confirming the at-fault driver’s policy limits.
- Send written notice to the UIM carrier, including the tentative settlement amount.
- Wait for the carrier’s response or for the 30-day window to pass.
- Settle with the at-fault driver using release language that preserves the UIM claim.
Exhausting the At-Fault Driver’s Coverage
UIM coverage generally comes into play after the at-fault driver’s liability coverage has been paid out. The statute also lets a UIM insurer pay before that happens, at its option, and then pursue the at-fault driver itself.
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What If a Hit-and-Run Driver Hit You in Greensboro?
Your UM coverage applies to hit-and-run crashes. When the other driver’s identity is unknown, you may bring the claim directly against your own insurer, but you or someone on your behalf must report the crash to police within 24 hours or as soon as practicable, and give your insurer notice within a reasonable time, under G.S. 20-279.21(b)(3).
Courts treat those requirements seriously. A missing police report has barred UM claims, as NC Lawyers Weekly reported. Contact does not have to be direct: in Sparks v. Nationwide, UM coverage applied when a hit-and-run driver struck another car that then struck the claimant. If police later identify the driver and that driver had insurance, the claim may move to the driver’s liability carrier, with UM or UIM coverage standing behind it. Our guide to hit-and-run accidents covers the first steps.
Evidence worth gathering after a hit-and-run includes:
- The police report number, confirming the crash was reported within 24 hours
- Photos of damage and any paint transfer from the other vehicle
- Names and phone numbers of witnesses
- Dashcam, doorbell, or business camera footage from nearby
When the Other Car Never Touched You
A crash caused by a driver who forced you off the road without making contact raises harder questions. North Carolina’s hit-and-run provision is built around a collision between vehicles, so a no-contact claim faces serious hurdles. Witnesses and video carry even more weight in those cases.
Why Does Your Own Insurance Company Become the Other Side?
In a UM claim, your insurer steps into the shoes of the uninsured driver. It owes only what you are legally entitled to recover from that driver, so it has every reason to dispute fault, question your injuries, and challenge your damages.
In a lawsuit, the UM insurer is served as an unnamed party and may defend the case in the uninsured driver’s place, as the Court of Appeals described in Sparks v. Nationwide. North Carolina’s contributory negligence rule also applies, so any fault assigned to you may bar the claim. Our article on how insurers handle claims explains the tactics.
Recorded Statements and Medical Authorizations
Your insurer may ask for a recorded statement and a signed medical authorization early in a UM claim. Your policy may require reasonable cooperation, but the scope of what you sign matters. A broad authorization gives the carrier access to years of unrelated records, and an early statement may be used later to argue fault or a preexisting condition.
What Deadlines Apply to UM and UIM Claims in North Carolina?
Several deadlines run at once, and each protects a different part of the claim. The lawsuit against the at-fault or uninsured driver generally must be filed within three years under G.S. 1-52.
| Step | Deadline | Source |
| Report a hit-and-run to police | Within 24 hours, or as soon as practicable | G.S. 20-279.21(b)(3) |
| Notify your insurer of the injury | Within a reasonable time | G.S. 20-279.21(b)(3) |
| UIM carrier response to settlement notice | 30 days after written notice | G.S. 20-279.21(b)(4) |
| Lawsuit against the at-fault or uninsured driver | Generally 3 years | G.S. 1-52 |
Service on the UM insurer after the limitations period is valid as long as the summons was properly issued, preserved, and served under Rule 4, according to the UNC School of Government’s summary of the 2023 insurance law.
Why Early Notice Matters
Notice rules protect the insurer’s ability to investigate, and a late notice gives the carrier an argument to deny the claim. Reporting the crash promptly, notifying every carrier that may owe coverage, and keeping copies of each notice with the date it was sent removes that argument before it starts.
If your insurer has already called or sent forms, call 336-933-9566 before you sign or give a statement.
Serving Greensboro Drivers From Our Greensboro Office
Our Greensboro office represents drivers and passengers hurt by uninsured, underinsured, and hit-and-run drivers across Guilford County. UM and UIM lawsuits arising from Greensboro crashes may be filed in Guilford County, with your insurer served as an unnamed party.
When a crash happens on the job, the UIM claim and a workers’ comp claim may overlap. Under the 2025 rules, UIM coverage is not reduced by liability payments but may still be reduced by workers’ compensation to the extent the statute allows, according to the NC Department of Insurance.
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Greensboro Uninsured Motorist Claim Questions
Does UM coverage apply if I was a passenger?
Often, yes. North Carolina’s UM statute protects persons insured under the policy, which generally includes the named insured and household relatives, and passengers may also be covered under the policy on the car they were riding in. The exact answer turns on the policy language and who owns each vehicle involved.
Do I have to sue to collect UM or UIM benefits?
Not always. Many UM and UIM claims resolve through negotiation with the insurer. A lawsuit against the at-fault or uninsured driver, filed within the three-year limit, preserves the claim if negotiations fail, and the insurer is served as an unnamed party so it takes part in the case from the start.
What if I only carry the minimum coverage?
For policies issued or renewed on or after July 1, 2025, North Carolina’s minimum bodily injury coverage is $50,000 per person, according to the NC Department of Insurance. Your UM limits generally match your liability limits unless you chose otherwise, so reviewing the declarations page shows exactly what is available.
Does UIM coverage apply after a crash with a commercial truck?
It may. A commercial truck usually carries higher liability limits than a car, but a serious crash may still produce damages above those limits. Under the rules for policies issued or renewed on or after July 1, 2025, your UIM coverage is measured against your total damages, so it may still add coverage on top of the truck’s policy.
Is Your Own Insurer Treating You Like the Other Driver?
A UM or UIM claim puts you across the table from a company you have paid for years. The policy is a contract, and the statute sets the rules that contract has to follow.
Call Lewis & Keller Injury Lawyers at 336-933-9566 or contact us online to talk with our Greensboro team about your uninsured or underinsured motorist claim.
