Short Answer

In North Carolina, if the at-fault driver is uninsured and neither insurer accepts responsibility, you can pursue your own uninsured motorist (UM) coverage. Your UM insurer must pay the damages you are legally entitled to recover from the uninsured driver, up to your policy limits. Coverage disputes between insurers should not stall your claim—preserve your rights by filing suit against the at-fault driver and notifying your UM carrier, or by demanding UM arbitration, before the statute of limitations expires.

Understanding the Problem

You were hurt in a North Carolina car crash. The other driver had no valid insurance, and your own insurer provides uninsured motorist coverage. More than a year has passed with no offer, and the insurers disagree about who should pay. The core question is: can you move your claim forward when neither company accepts responsibility?

Apply the Law

North Carolina’s auto insurance law requires UM coverage in most policies. UM coverage pays when you are legally entitled to recover damages from an uninsured at-fault driver. To obtain payment, you must prove fault and damages, show the at-fault vehicle was uninsured, and meet your policy’s notice and cooperation duties. Disputes between insurers are secondary to your right to press your claim; you do that by filing a lawsuit against the at-fault driver and giving your UM carrier proper notice, or by initiating UM arbitration if your policy requires it. The main forum is the General Court of Justice (District or Superior Court), and the typical deadline for injury suits is three years from the crash; policy deadlines for UM notice and arbitration can be shorter.

Key Requirements

• Insured status and UM coverage: You are covered under a North Carolina auto policy that includes uninsured motorist benefits.
• Uninsured at-fault driver: The other driver had no applicable liability insurance at the time of the crash.
• Liability and damages: You can prove the other driver’s negligence caused your injuries and establish your losses.
• Compliance with policy terms: You gave prompt notice, cooperated, and notified your UM carrier of any lawsuit/arbitration so it can participate.
• Preserved deadlines: You file suit (or demand arbitration per policy) within the applicable time limits.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage) - Requires UM coverage and outlines when your insurer must pay if the at-fault driver is uninsured.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists unfair claims practices; repeated violations can be unlawful.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period) - Sets a three-year deadline for most personal injury lawsuits in North Carolina.

Analysis

Apply the Rule to the Facts: Because the other driver lacked valid insurance, your UM coverage is the pathway to recovery. You have UM coverage, so the key is proving the other driver’s fault and your damages and complying with your policy’s notice and cooperation terms. The year-long delay does not stop the limitations clock; to protect your rights, file suit against the at-fault driver and give your UM carrier proper notice, or demand UM arbitration as the policy provides. The insurers’ dispute about who pays should not prevent you from taking these steps.

Process & Timing

1. Who files: The injured person. Where: The General Court of Justice (District or Superior Court) in the North Carolina county where the crash occurred or where the defendant resides. What: File a civil Complaint against the at-fault driver and provide your UM carrier written notice per your policy; if your policy requires UM arbitration, file a written UM demand. When: Do this before the three-year statute of limitations for injury claims expires; follow any shorter policy deadlines for notice/arbitration.
2. Serve the at-fault driver and give your UM carrier the required notice so it can defend or participate. Expect written discovery, medical records exchange, and either court mediation or arbitration scheduling. Timelines vary by county and policy.
3. Obtain a judgment (in court) or an arbitration award establishing liability and damages. Submit the result to your UM carrier for payment up to your policy limits; any dispute between insurers about reimbursement is handled separately.

Exceptions & Pitfalls

• Do not wait for insurers to “work it out” and miss the filing deadline; courts will dismiss late claims.
• Give your UM carrier timely written notice of the lawsuit or arbitration; if not, it may not be bound by the result.
• Avoid signing broad releases with any insurer without legal advice; a release can waive your UM rights.
• If some liability coverage exists (making it a UIM situation), do not settle with the liability insurer without your own insurer’s written consent, or you could forfeit UIM benefits.
• Follow all policy cooperation requirements (statements, medical authorizations) to avoid coverage disputes.

Talk to a Personal Injury Attorney

If you're dealing with a stalled uninsured motorist claim and insurers denying responsibility, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.