Hit by a Drunk Driver Without Insurance in North Carolina?
Car accident attorneys | Duplin County. Here’s What You Need to Know
Hit by an uninsured drunk driver in NC? Learn your legal options, from UM coverage to dram shop laws, and what steps to take next for compensation. Whether you were hurt in a car wreck or received a traffic ticket, we can provide you with the legal tools your case requires. Thompson & Thompson, P.C., is based out of Kenansville, North Carolina and personally serves clients in Duplin, Sampson, and Jones counties.
In this article, we’ll explain North Carolina’s drunk driving laws, discuss how these laws impact those hit by uninsured drunk drivers, and offer a comprehensive guide of practical steps you can take to protect yourself and your interests moving forward.
What to Do Immediately After the Car Accident
- Ensure Safety: First, assess yourself and any passengers for injuries. If safe to do so, move your vehicle to a safe location out of traffic. Turn on your hazard lights.
- Call 911: Report the accident to the police immediately, even if it seems minor. A police report is crucial for insurance claims and potential legal action. If there are injuries, request an ambulance.
- Do NOT Admit Fault: Be cooperative with law enforcement, but do not admit fault or make statements that could be interpreted as accepting blame. Stick to the facts.
- Gather Information:
- Other Driver: Get their name, contact information, driver’s license number, and vehicle information.
- Witnesses: Ask for names and contact information from anyone who saw the accident.
- Photos: Take clear photos of the accident scene, including all vehicles involved, damage, any visible injuries, skid marks, road signs, and the surrounding environment.
- Seek Medical Attention: Even if you feel fine, see a doctor or urgent care clinic as soon as possible (within 24-48 hours). Some injuries, like whiplash, may not be immediately apparent but can develop later. This also creates a vital medical record.
- Notify Your Insurance Company: Report the accident to your own auto insurance company as soon as possible. Be truthful but stick to the facts.
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UM coverage protects you and your passengers if a driver hits you without insurance or in a hit-and-run situation. It helps cover your medical expenses and property damage when the at-fault driver can’t pay. Contact our Duplin County, NC: Car Accident Lawyers, Attorneys and Law Firm ·
Underinsured Motorist (UIM) Coverage: Often bundled with UM coverage, UIM kicks in when the at-fault driver has insurance, but their policy limits aren’t enough to fully cover your medical bills or property losses.
Minimum Coverage Requirements: North Carolina requires UM coverage that matches the state’s minimum liability limits: $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage.
Why UM/UIM Matters: Without UM/UIM coverage, you could potentially face overwhelming medical bills, lost income, or repair costs if you’re hit by someone without enough insurance. This coverage ensures you’re not left financially stranded after a crash with an uninsured or underinsured driver, providing a much-needed safety net.
Hit-and-Run Situations: UM coverage also applies in hit-and-run accidents where you can’t identify the responsible driver, offering a versatile solution in various accident scenarios.
Consider Higher Limits: Although North Carolina requires minimum UM coverage, it’s wise to carry more than the minimum, especially if you have significant assets or higher income to protect. This proactive approach puts you in control of your insurance coverage.
North Carolina Drunk Driving Laws: The Basics
In North Carolina, a driver is considered legally intoxicated if their Blood Alcohol Content (BAC) is 0.08% or higher, as defined by North Carolina General Statutes (GS 20-138.1). Penalties for drunk driving can include:
- Significant fines
- License suspension
- Mandatory alcohol education programs
- Imprisonment (in more severe cases)
The Challenge of an Uninsured Drunk Driver
If you’re in an accident with an uninsured drunk driver, you’re likely to encounter two main difficulties:
- Legal Complexity: Pursuing compensation becomes complicated when the at-fault driver lacks insurance to cover your damages.
- Financial Strain: The absence of the driver’s insurance can make it difficult to recover costs for medical expenses, vehicle repairs, and pain and suffering.
Uninsured Motorist (UM) coverage is designed to protect you if you’re hit by a driver who is uninsured or underinsured. It’s a critical component of your auto insurance policy that many drivers unfortunately forgo.
- With UM Coverage: Your UM policy can cover your medical bills, lost wages, and other accident-related expenses. This coverage is invaluable when dealing with an uninsured drunk driver.
- Without UM Coverage: If you lack UM protection, your options for recovery are limited. You might have to pursue the drunk driver personally for damages, which can be challenging if they have limited assets. Alternatively, your health insurance might cover medical costs, but it generally won’t cover property damage or pain and suffering.
Legal Options for Uninsured Drunk Driving Accidents
Even if the drunk driver is uninsured, you still have avenues to explore for compensation:
- Personal Injury Lawsuit: You can file a personal injury lawsuit against the drunk driver. However, the success of this depends on their ability to pay any judgment awarded.
- Your Insurance Policy: Depending on your policy, your car insurance might cover some expenses. Personal Injury Protection (PIP) or UM coverage is invaluable here.
- Dram Shop Liability: You may be able to seek compensation from establishments that served alcohol to the visibly intoxicated driver.
Suing a Bar, Restaurant, or Party Host: Dram Shop and Social Host Liability
North Carolina law allows victims to pursue compensation from alcohol-serving establishments or even private individuals under certain circumstances.
Dram Shop Liability
North Carolina’s Dram shop laws hold licensed establishments (like bars and restaurants) accountable if they serve alcohol to someone who is visibly intoxicated or underage. That person subsequently causes harm, such as a drunk driving accident. To succeed in a dram shop claim, you must prove:
- The establishment served alcohol to the driver.
- The driver was visibly intoxicated at the time of service.
- The driver’s intoxication was the direct cause of your injuries.
- You suffered actual damage because of the accident.
Social Host Liability
North Carolina law also addresses social host liability. If a private individual hosts a gathering and serves alcohol to a visibly intoxicated guest or a minor, and that guest causes harm, the host may be held liable. This emphasizes the importance of responsible alcohol service even in private settings.
Seek Legal Advice from North Carolina Drunk Driving Lawyers
The complexities of North Carolina’s drunk driving laws and insurance claims necessitate the guidance of a skilled North Carolina drunk driving lawyer. They can help you understand the legal process, explore all compensation options, and protect your rights.
Steps to Take:
- Consult with a lawyer: An experienced attorney can assess the viability of your claim and determine if pursuing legal action against the drunk driver is worthwhile.
- Review your insurance policy: If you have UM or PIP coverage, contact your insurance company promptly to initiate a claim.
- Maintain thorough documentation: Keep all medical records and documentation of your injuries and expenses; this is crucial for pursuing compensation.
Key Questions and Answers
- 1. Can I sue the drunk driver if they don’t have insurance?
- Yes, you can. In North Carolina, you have the right to file a personal injury lawsuit against the uninsured drunk driver for damages. However, the success of collecting compensation depends heavily on the drunk driver’s financial situation and assets. If they have limited assets, it can be challenging to recover significant compensation, even if you win the lawsuit.
- 2. What if I don’t have uninsured motorist (UM) coverage?
- If you don’t have UM coverage, your options for direct compensation are significantly limited.
- You can still pursue a lawsuit against the drunk driver personally, but again, collection depends on their assets.
- Your health insurance may cover medical bills, but it generally won’t cover property damage, lost wages, or pain and suffering.
- You may explore other avenues, such as “dram shop” or “social host” liability (see below).
- 3. How does Uninsured Motorist (UM) Coverage help me?
- North Carolina law requires car owners to maintain Uninsured Motorist (UM) coverage on their vehicles, typically in the same amount as their liability coverage.
- Medical bills
- Lost wages
- Pain and suffering
- Property damage to your vehicle
- If you have UM coverage, your insurance company will pay out on your claim up to your policy limits. They may then pursue reimbursement from the uninsured driver.
- 4. Can I sue the bar or restaurant that overserved the drunk driver? (Dram Shop Liability)
- Yes, potentially. North Carolina has “dram shop” laws (N.C. Gen. Stat. §§ 18B-121 and 18B-302) that can hold alcohol-serving establishments liable if they:
- Knowingly served alcohol to a visibly intoxicated person or a minor, AND
- That person subsequently caused harm (like a drunk driving accident).
- To succeed, you’ll need to prove the establishment’s actions directly led to the accident. This often requires collecting evidence like eyewitness testimony, surveillance footage, and receipts.
- 5. Can I sue a private individual who served the drunk driver alcohol? (Social Host Liability)
- Yes, potentially. North Carolina also recognizes “social host liability.” If a private individual hosts a gathering and serves alcohol to a visibly intoxicated guest or a minor, and that guest then causes harm, the host may be held liable. You would need to demonstrate that the host knew or should have known the person was intoxicated and would be driving.
- 6. What kind of damages can I recover?
- If successful, you may be able to recover:
- Medical Expenses: Past and future hospital bills, surgeries, rehabilitation, medications, etc.
- Lost Income: Wages lost due to time off work for recovery, and potential loss of future earning capacity.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Property Damage: Cost of repairing or replacing your vehicle.
- Punitive Damages: In cases of egregious negligence (like drunk driving), courts may award punitive damages to punish the at-fault driver and deter similar conduct.
- Wrongful Death Damages: If a loved one was killed, surviving family members may seek funeral costs, lost financial support, and loss of companionship.
- 7. How does North Carolina’s “contributory negligence” rule affect my case?
- North Carolina is one of the few states that follows a strict contributory negligence rule. This means that if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages from the other party. This makes it crucial to have an attorney who can protect your claim.
Serving Duplin County and Surrounding Areas with Trusted Legal Experience Since 1995
Thompson & Thompson, P.C., based in Duplin County, North Carolina, is widely recognized as one of the region’s premier law firms. Established in 1995, the firm has consistently earned Pre-eminent ratings from Martindale-Hubbell in the Fourth Judicial District. While providing a comprehensive range of legal services, Thompson & Thompson, P.C. is especially known for its litigation expertise, with over 60 years of combined trial experience in both criminal and civil cases. Their reputation for success is built on meticulous trial preparation and a steadfast dedication to securing the best results for their clients.