Short Answer

Yes—under North Carolina law, your own uninsured motorist (UM) coverage can apply to a hit-and-run or other situation where the at-fault driver cannot be identified, including when you were a pedestrian. But UM claims involving an unidentified driver have strict reporting and notice requirements, and missing them can make coverage harder to obtain. Even if UM is uncertain, other parts of your auto policy (like medical payments coverage, if you have it) may still help with medical bills.

Understanding the Problem

If you were hit as a pedestrian in North Carolina and the driver cannot be identified, can you still make a claim under your own auto insurance—especially uninsured motorist coverage—when there was no police report at the time?

Apply the Law

North Carolina requires most auto liability policies issued in the state to include uninsured motorist coverage that protects “persons insured” who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles. Importantly, the statute’s definition of “persons insured” can include the named insured and certain household family members “while in a motor vehicle or otherwise,” which is why pedestrians often have UM protection under their own policy.

When the at-fault driver’s identity cannot be ascertained in a UM claim (an “unidentified vehicle” situation), North Carolina law also imposes special steps: prompt reporting to law enforcement (or the DMV Commissioner) and timely notice to the UM insurer. If a lawsuit becomes necessary, the statute also builds in a 60-day waiting period after notice before suit can be filed against the insurer in this type of case.

Key Requirements

• You qualify as an “insured” under a North Carolina auto policy: Many policies cover the named insured (and often resident relatives) even when they are pedestrians, not just when they are inside a car.
• The at-fault vehicle is treated as uninsured/hit-and-run for UM purposes: UM is designed to step in when there is no identifiable liability insurer to pursue.
• The driver/owner cannot be identified: The statute addresses situations where the identity of the operator or owner cannot be ascertained (commonly a hit-and-run).
• Report the accident promptly: For an unidentified-driver UM claim, the accident must be reported within 24 hours or as soon thereafter as practicable to a police/peace officer, other judicial officer, or the Commissioner of Motor Vehicles.
• Give your insurer notice within a reasonable time: You must notify the insurer of the injury, its extent, and the time/date/place of the injury within a reasonable time.
• Cooperate with reasonable information requests: After notice, the insurer may send forms and request additional reasonable information about the accident and injuries.
• Timing before filing suit (if needed): In an unidentified-driver UM claim, suit generally cannot be filed against the insurer until at least 60 days after the first notice is delivered/posted to the insurer.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Uninsured/Underinsured Motorist Coverage; unidentified driver procedures) - Requires UM coverage in most NC auto policies and sets special reporting/notice and suit-timing rules when the at-fault driver cannot be identified.
• N.C. Gen. Stat. § 20-166.1 (Accident reporting and investigation) - Describes accident reporting duties and the role of law enforcement accident reports (helpful context when a report was not made at the scene).

Analysis

Apply the Rule to the Facts: Here, the key coverage question is whether you are an “insured” under a North Carolina auto policy that includes UM coverage, because UM can protect insured people even when they are pedestrians. The harder issue in your fact pattern is compliance with the unidentified-driver UM requirements, because there was no police report at the time and the driver/vehicle details are largely unknown. That does not automatically end the claim, but it makes the “report within 24 hours or as soon thereafter as practicable” and “reasonable notice” requirements central to whether UM can be pursued.

Process & Timing

1. Who files: The injured person (or a representative) makes the UM claim. Where: With your auto insurer’s claims department (and sometimes through your insurance agent). What: A UM claim notice describing the crash, injuries, and the time/date/place; then any claim forms the insurer sends. When: For unidentified-driver UM claims, report the crash within 24 hours or as soon thereafter as practicable, and notify the insurer within a reasonable time. If suit is needed, you generally must wait at least 60 days after giving the first notice to the insurer before filing suit against the insurer.
2. Next step: The insurer typically investigates (recorded statement, document requests, medical records authorizations). If the insurer mails forms within 15 days after receiving notice, you generally must provide further reasonable information requested; if the insurer does not send the forms within 15 days, the statute treats you as having complied with that “forms” requirement.
3. Final step: If the claim cannot be resolved by agreement, the next step may be a lawsuit under the UM statute’s procedures (including the special rules for unidentified drivers), with the insurer participating as allowed by law.

Exceptions & Pitfalls

• No timely report: The biggest problem in unidentified-driver claims is waiting too long to report to law enforcement (or the DMV Commissioner) and to notify the insurer. If you did not report within 24 hours, you may need to show why it was not practicable and what you did as soon as you reasonably could.
• Unclear “insured” status: UM protection depends on the policy language and who qualifies as an insured (named insured, resident relatives, etc.). If you do not have your own policy, there may still be coverage through a household family member’s policy, depending on the facts and policy terms.
• Proof problems when the driver is unknown: With no police report and little identifying information, insurers often scrutinize whether a vehicle caused the injury and whether the event happened as described. Preserving any available evidence (photos, witnesses, location details, ER records) can matter.
• Mixing up UM and UIM: Underinsured motorist (UIM) coverage usually applies when the at-fault driver is known and has liability coverage that is not enough. When the driver cannot be identified, the claim is typically analyzed as UM/hit-and-run, not UIM.
• Overlooking other coverages: Even if UM is disputed, your policy’s medical payments coverage (if purchased) may help pay medical bills regardless of fault, subject to the policy’s terms and limits.

Conclusion

In North Carolina, your own uninsured motorist coverage can apply when the driver who hit you cannot be identified, including when you were a pedestrian—if you qualify as an insured under the policy and you meet the statute’s special requirements for unidentified-driver claims. The two deadlines that most often control these cases are reporting the accident within 24 hours (or as soon thereafter as practicable) and giving the insurer notice early enough that, if suit is needed, you can provide at least 60 days notice before filing. The next step is to give written notice of the crash and injuries to your insurer promptly.

Talk to a Personal Injury Attorney

If you're dealing with a pedestrian hit-and-run where the driver can’t be identified, an attorney can help you figure out whether uninsured motorist coverage applies, what proof your insurer will likely request, and what deadlines you need to protect. If you want help reviewing your policy and building a clean UM claim timeline, call CONTACT NUMBER.

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.