Short Answer

Yes. In North Carolina, if the at-fault driver is uninsured, you can pursue your own uninsured motorist (UM) coverage for bodily injury and, in many cases, property damage. To protect your rights, you typically file a lawsuit against the at-fault driver and formally serve your UM insurer so it is bound by the result. Do not wait for insurers to resolve coverage disputes—deadlines still apply.

Understanding the Problem

You’re asking whether you can still be paid when the other driver had no insurance. In North Carolina personal injury cases, the key question becomes: can I use my own UM coverage, and what do I have to do to make the insurer pay? Here, over a year has passed with no offer, you carry UM coverage, and the insurers are disputing who must pay. The path forward focuses on preserving your claim and properly involving your UM insurer.

Apply the Law

North Carolina law requires UM coverage on most auto policies. When the negligent driver has no valid liability insurance, your UM coverage can step in, up to your policy limits. The usual forum is District or Superior Court (depending on claim value) in the county where the crash occurred or where the defendant resides. A core requirement is to serve your UM carrier with the lawsuit against the uninsured driver so the carrier is bound by the judgment. Standard civil filing and service rules apply, and there is a three-year deadline for most bodily injury claims.

Key Requirements

• Uninsured status: The at-fault driver lacked liability coverage at the time of the crash (proved with DMV/insurer confirmation or similar proof).
• Liability and damages: You must establish the at-fault driver’s negligence and your losses (medical, wage loss, pain and suffering, etc.).
• Serve your UM insurer: When you sue the uninsured driver, formally serve your UM carrier as if it were a defendant so it is bound by the outcome.
• Follow civil procedure: File a complaint and timely serve summons and pleadings under North Carolina Rule 4; renew summons if service delays occur.
• Deadline: File bodily injury claims within three years from the crash (different deadlines apply to wrongful death and some property claims).

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage and procedures) - Requires UM coverage and provides that the UM insurer must be served in actions against an uninsured motorist and is bound by the judgment.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Sets the general three-year filing deadline for bodily injury claims.
• North Carolina Gen. Stat. § 1-53 (Two-year limitation for wrongful death) - Provides a two-year filing deadline for wrongful death (if applicable).

Analysis

Apply the Rule to the Facts: Because the other driver had no valid insurance, your UM coverage can step in. You still need to prove fault and damages. Over a year has passed without an offer; that delay does not pause the statute of limitations. To bind your UM insurer, file suit against the uninsured driver and serve your UM carrier with process as if it were a defendant; that keeps the claim moving even while insurers argue about coverage.

Process & Timing

1. Who files: The injured person (plaintiff). Where: District or Superior Court in the North Carolina county of the crash or defendant’s residence. What: File a Complaint for negligence and issue a Civil Summons (AOC-CV-100). Also serve your UM insurer with the lawsuit papers. When: File within the three-year limitations period for bodily injury.
2. After filing, promptly serve the at-fault driver under Rule 4 and also serve your UM insurer as though it were a defendant. If service takes time, renew the summons as required to keep the case alive; counties vary in scheduling, but expect several months before the first court deadlines and mediation.
3. Proceed through discovery and mediation. If liability/damages are proven and the driver is uninsured, the UM carrier is bound and pays up to policy limits. Finalize with a judgment or approved settlement and dismissal.

Exceptions & Pitfalls

• Unknown or disputable coverage: Confirm uninsured status with the DMV or the purported insurer; your UM carrier may not pay until uninsured status is established.
• Service missteps: If you fail to formally serve your UM insurer in the lawsuit against the uninsured driver, the insurer may not be bound by the judgment.
• Summons timing: North Carolina requires timely service and, if needed, renewal of the summons; missing these steps can lead to dismissal.
• Policy conditions: UM policies require prompt notice, cooperation, medical proof, and sometimes examinations under oath—missing these can delay or jeopardize payment.
• Settlements and releases: Do not sign releases that impair your insurer’s recovery rights without coordinating with your UM carrier.

Talk to a Personal Injury Attorney

If you're dealing with an uninsured driver claim and stalled insurance negotiations, 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.