How does NC accident insurance work? Who pays if I was hurt in North Carolina?
by Danny Glover, OBX Accident Attorney and Outer Bank Personal Injury Lawyer
Not having enough accident insurance can present quite a problem. That is especially true if you are the one who caused the car accident (OBX lawyers call that “at fault” or “legal liability”) and are subject to claims for negligence in North Carolina.
While North Carolina requires insurance for vehicles on the roadways, mandating certain minimum levels of NC insurance coverage, there are times that level of protection just isn’t enough.
What happens then? What happens if there isn’t enough accident insurance after an OBX wreck? Who pays for your injuries?
It can get a bit confusing, but if you seek legal representation by an Outer Banks lawyer or Googled “Car Accident lawyers near me OBX,” our law firm may be able to help.
Personal injury cases can be a complicated when accident insurance becomes an issue. We may be able to find other insurance policies, levels of coverage, or even additional sources (or assets) from which to collect.” Danny Glover, OBX accident lawyer
What does “personally liable” mean? Does my accident insurance pay for my injuries or damages after a car wreck?
Normally, the person who caused the accident, whether it is a car accident, motorcycle accident, or even an OBX semi truck accident, is legally responsible for your losses. Those may include things like medical bills, lost wages, permanent injuries, and property damage to your vehicle.
If the other person who caused the wreck bought the cheapest insurance out there, that may mean they have what experienced OBX personal injury lawyers call “minimum coverage.”
When found to be at fault (legally liable), and damages exceed the amount of available coverage, the insurance carrier may offer to “pay the policy limits.”
If your damages after a car accident exceed the policy limits (the amount of insurance they have), then the person who is at fault for the car accident and legally responsible for the resulting personal injury, may also personally liable for any amount over the policy limits.
Put simply, if someone doesn’t have enough insurance after a North Carolina accident, whether if they are from out-of-state and you live on the Outer Banks NC, they could be required to pay you back out of their own pocket.
That’s true too if you were the one visiting Nags Head, Manteo, or Kill Devil Hills on vacation and were injured in a car accident by someone who lives in OBX NC.
In the instance where there is not enough insurance, that may also trigger something on your insurance policy called UIM which stands for Under Insurance Motorist protection. Experienced OBX lawyers are used to working with UM / UIM insurance and accident claims in North Carolina.
UM accident insurance refers to cases where the “at fault” driver had no insurance at all. UM stands for UN-insured motorist accident insurance in NC.
That does NOT mean the at fault driver is not still personally liable for the car accident. Just like before, if someone else caused the accident and is found to be legally negligent and therefore liable, they could owe the entire amount for your injuries and damages.
The big question then becomes: Do they have the money to pay for your losses after an OBX car accident?
READ MORE: What Insurance Should You Use?
While it’s possible someone may have simply forgotten to pay their car accident insurance policy, resulting in a lapse and therefore no coverage (UM claims), all-too-often the reason the car insurance lapses is because they didn’t have money in the first place.
Sometimes it’s true: “You can’t bet blood from a stone.” Obtaining a judgment for money damages after an OBX accident lawsuit is not the same as collecting on those damages. That’s when UM or UIM insurance in North Carolina can be so incredibly valuable. . .and important to your long-term well being after an NC accident.
The potentially good news is that your auto insurance policy on your vehicle may be an avenue for money damages after an accident. You may be able to make a claim under either your UM or UIM policy when the “at fault driver” either did not have insurance or did not have enough car accident insurance.
If you have questions about all this, OBX lawyer Danny Glover is available for consultation. With more than 24 years helping people on the Outer Banks in places like Kill Devil Hills, Nags Head NC, Manteo, Buxton, and Ocracoke, North Carolina, our OBX law firm is here to serve you.
Now is the time to call our Danny Glover OBX attorney.
We provide free consultation to people hurt in OBX car accidents. We’re used to dealing with accident insurance legal issues with people who may be visitors to the Outer Banks hurt in accidents. Danny Glover, Car Accident Lawyer
What do I pay after an accident? What does my accident insurance cover? What if I caused the accident?
Your insurance does not determine how much you owe somebody.
Your insurance coverage amounts simply tell you how much of that amount your insurance company is going to pay, so when you owe someone more money than your insurance coverage, that’s called an access judgment, and you are personally responsible for the amount that you owe after your insurance pays its limits.
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