Short Answer

Yes. In North Carolina, you can file a negligence lawsuit directly against the at-fault driver even if neither of you has insurance. You must prove fault and damages, and you generally have three years from the crash to file. Winning a judgment does not guarantee payment—collection depends on the driver’s assets, and additional remedies may apply if a judgment goes unpaid.

Understanding the Problem

You want to know whether you can sue the at-fault driver in North Carolina when there is no uninsured motorist coverage available. This is a personal injury question about filing a negligence claim against the driver who caused your crash. The single decision is whether to start a lawsuit in the appropriate North Carolina court to recover your hospital bills and other losses.

Apply the Law

North Carolina is a fault-based state. A person injured in a crash may sue the at-fault driver (and, in some cases, the vehicle’s owner or an employer) for negligence. To recover, you must show duty, breach, causation, and damages. Insurance is not required to file suit. Most personal injury claims must be filed within three years of the injury in the county where the defendant resides or where the crash occurred. District Court hears claims of $25,000 or less; Superior Court hears claims over $25,000. If you obtain a judgment and it isn’t paid, you may pursue collection through the Clerk of Superior Court, and North Carolina’s financial responsibility laws provide additional consequences for unsatisfied judgments.

Key Requirements

• Negligence: Show the other driver failed to use reasonable care and that this caused your injuries.
• Damages: Prove actual losses (medical treatment, lost income, and related harms).
• Defendant(s): Sue the at-fault driver; consider the vehicle owner or an employer if legal responsibility may extend to them.
• Time limit: File within three years of the crash for personal injury claims.
• Forum: File in District Court if the claim is $25,000 or less; Superior Court if more than $25,000.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—3 years) - Most negligence-based personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 20-309 (Financial responsibility required) - Motor vehicles operated in the state must be insured, but lack of insurance does not block a lawsuit.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Sets uninsured/underinsured motorist requirements for policies; if you have no policy, UM benefits are not available.
• North Carolina Gen. Stat. § 20-279.13 (Unsatisfied judgments) - Provides for driver’s license consequences when a judgment from a motor-vehicle crash remains unpaid as provided by statute.

Analysis

Apply the Rule to the Facts: You may sue the at-fault driver for negligence despite the lack of insurance on both sides. Your hospitalization helps establish damages, but you still must prove the driver’s fault caused those injuries. If you obtain a judgment, collecting from an uninsured driver depends on whether they have income or property subject to collection. You should also evaluate whether the vehicle owner or an employer may share liability.

Process & Timing

1. Who files: The injured person. Where: File a civil Complaint and Civil Summons (AOC-CV-100) with the Clerk of Superior Court in the county where the crash occurred or where the defendant lives. What: Negligence Complaint, Summons, and filing fee; arrange service by the Sheriff. When: File within three years of the crash.
2. After service, the defendant answers. The case proceeds through discovery and, in most counties, court-ordered mediation. Timelines vary by county and case complexity.
3. If you win or settle, the court enters a judgment or dismissal. If unpaid, you may request post-judgment collection (e.g., writ of execution) through the Clerk of Superior Court, and statutory license consequences may apply to unsatisfied motor-vehicle judgments.

Exceptions & Pitfalls

• Contributory negligence: If you share any fault, North Carolina’s contributory negligence rule can bar recovery; limited doctrines may apply in narrow circumstances.
• Collectability: An uninsured defendant may have limited assets; assess whether an owner, employer, or another legally responsible party can be included.
• Service problems: Make sure you have a good address for the defendant; faulty service can delay or derail the case.
• Court division: File in the correct division based on the amount sought to avoid transfer or delay.
• Deadlines change: Procedures and local scheduling can vary by county; confirm current requirements before filing.

Talk to a Personal Injury Attorney

If you’re facing injuries from an uninsured driver and no UM coverage, our firm can help you weigh your options, identify all potential defendants, and protect your filing deadlines. Reach out today. Call us 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.