Charlotte Injury Lawyers Blog
Charlotte Personal Injury Attorney Matt Arnold answers the question: “The insurance adjuster is saying I am partially negligent what does that mean?”
Almost all states require drivers to purchase auto insurance. However, not everyone complies. Things can get complicated quickly when you are injured in a car accident caused by an uninsured motorist or when you are the one driving without insurance.
When this happens, is the uninsured driver entitled to any compensation? Can you recover damages if you did not carry car insurance at the time of the crash in North Carolina?
Are You Entitled to Compensation if You Do Not Have Car Insurance?
Under North Carolina Gen. Stat. § 20-309, all drivers are required to carry auto insurance if their vehicle has a valid registration in North Carolina. Can an uninsured motorist sue an at-fault driver when they do not have car insurance?
Yes. While North Carolina law makes auto insurance mandatory, an injured driver is entitled to compensation even if they do not carry auto insurance. Uninsured drivers are not prohibited from filing a claim or lawsuit against the at-fault motorist.
However, it often happens that uninsured drivers choose not to report their injury in order to avoid negative consequences for driving without insurance in North Carolina.
What are the Penalties for Driving Without Insurance in North Carolina?
In North Carolina, driving without insurance is classified as a misdemeanor. If you are charged with driving without car insurance in the state, the penalties depend on the number of prior convictions of this offense on your record:
- First offense. If you were caught driving without insurance for the first time, you would be ordered to pay a $50 penalty in addition to a $50 reinstatement fee. Also, you could be placed on probation for up to 45 days and face a suspension of your vehicle registration or license plate for 30 days.
- Second offense. The civil penalty for a second offense is $100. In addition, you could face up to 45 days of probation or jail time in addition to other penalties.
- Third and subsequent offenses. If you were caught driving without auto insurance for the third or subsequent time, the civil penalty increases to $150. The other penalties are the same as for a second offense.
Were You Involved in a Car Accident While Driving Without Insurance?
Although North Carolina law requires drivers to notify the law enforcement of the “reportable” crashes, an uninsured motorist may avoid reporting the accident and is likely to offer the other party to settle their case without involving the insurance company.
Under North Carolina Gen. Stat. § 20-166.1, motorists are required to report car accidents resulting in injury, death, or property damage that exceeds $1,000. If you sustained a severe injury or your damages and expenses exceed the at-fault driver’s insurance policy limits, you may have a right to bring a lawsuit against the motorist, even if you do not have auto insurance.
Contact our skilled car accident attorneys at Arnold & Smith, PLLC, in North Carolina to help you receive compensation if you were injured in a vehicle crash while driving without insurance. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-309.html
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_20/GS_20-166.1.pdf
Image Credit:
https://www.freeimages.com/photo/car-accident-2-1449295
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