Many auto, truck and motorcycle accidents are the fault of an uninsured (UM) or under-insured (UIM) motorist. Often times, you may be required to make a claim against your own insurance policy to protect yourself. This type of claim is called an uninsured motorist claim or an under-insured motorist claim, (UM) or (UIM).
Uninsured motorist means that the at-fault driver has no insurance at all. You may also make an uninsured motorist claim under your policy when you are involved in a hit and run accident. Sometimes called a "phantom" vehicle, this occurs when a driver makes contact with your vehicle causing property damage and injuries, but does not stop at the scene of the accident and you have no way of identifying that person. This claim falls under your uninsured motorist coverage. If you have basic coverage in North Carolina, you also have uninsured motorist coverage. Under-Insured Motorist (UIM) If the at-fault driver causes you property damage, or personal injuries, and they have insurance, but the policy limits are not enough to cover your injuries, including lost wages and pain and suffering, you may make a claim under the under-insured motorist (UIM) portion of your own policy.
For example: if the at-fault driver has the North Carolina minimum limits of thirty thousand dollars ($30,000.00) in liability coverage, and you have a UIM policy of one hundred thousand dollars ($100,0000.00), you may be able to recover thirty thousand dollars ($30,000.00) from the at-fault party, and as much as seventy thousand dollars ($70,000.00) from your own UIM policy to equal the maximum limit of one hundred thousand dollars ($100,000.00) under your own policy, if your injuries warrant such a recovery.
Many auto insurance policies contain a provision for MedPay coverage which can be used to pay your medical bills in the event that your are injured, regardless of who is at fault. In North Carolina, any Med Pay funds you receive from your own insurance company do not affect the other driverís liability to you.
We have handled many claims involving these auto insurance issues and have taken cases involving auto insurance to the Supreme Court of North Carolina.