Short Answer

Yes. In North Carolina, you may still have possible claim options if the driver who caused the crash had no insurance, including uninsured motorist coverage, a claim against another responsible party, or a lawsuit against the uninsured driver. The key caveat is that fault, policy language, notice requirements, collectability, and deadlines can all affect the path forward.

What an Uninsured Driver Claim Usually Means

When an at-fault driver has no liability insurance, the case does not automatically end. It usually means the claim has to be evaluated in a different way. Instead of relying only on the careless driver’s insurance company, you may need to look at several possible sources of recovery.

In a Durham personal injury claim involving an uninsured car driver, the main questions are often:

• Was the car driver actually uninsured, or is an insurer denying coverage for another reason?
• Do you qualify for uninsured motorist coverage under your own auto policy, a household policy, or the policy covering the vehicle you occupied?
• Did another person or company, such as a bus company or bus driver, also contribute to the crash?
• Is a lawsuit needed to protect the claim before the deadline expires?
• Have all required notices been sent to the right insurers?

These questions matter because an uninsured driver may have few personal assets. A judgment against that driver may be difficult to collect. That is why uninsured motorist coverage and other potentially responsible parties are often central to the claim review.

Uninsured Motorist Coverage May Be Important

North Carolina law generally requires many auto policies issued in this state to include uninsured motorist coverage. N.C. Gen. Stat. § 20-279.21 addresses uninsured motorist coverage and generally protects insured people who are legally entitled to recover damages from an uninsured driver.

In plain English, uninsured motorist coverage is designed to step in when a legally responsible driver has no available liability insurance. It does not mean the insurer pays simply because you were hurt. You still usually have to prove the uninsured driver was negligent, that the negligence caused your injuries, and that your damages are supported by evidence.

Uninsured motorist coverage may come from more than one place, depending on the facts. It may involve your own auto policy, a resident family member’s policy, or the policy for the vehicle you were riding in. The exact answer depends on the policy, the vehicles involved, where you were located at the time of the crash, and whether the policy applies to the claim.

A written denial or confirmation from the alleged at-fault driver’s insurer can be helpful. If an insurer states in writing that the car was not covered at the time of the crash, that can help show the vehicle was uninsured for purposes of a UM claim. Do not rely only on a phone call if the issue is important. Save denial letters, claim numbers, and adjuster emails.

The Bus Company’s Denial Is Not Always the Final Word

Your facts involve a crash with a bus and a car, where the bus company’s insurer says video footage shows the car driver caused the crash. That may be important evidence, but it should not be the only evidence reviewed.

A bus company or bus driver may deny responsibility even when there are still questions about what happened. For example, the claim may need a closer look at the bus driver’s speed, lookout, braking, lane position, reaction time, route conditions, and whether the bus driver had a chance to avoid or reduce the impact. The same review should consider whether the car driver’s actions were the only cause of the crash.

If the bus company has video, it is important to preserve it quickly. Video can be overwritten, lost, edited into short clips, or described in a way that leaves out context. A short clip may not show what happened before the impact, what traffic looked like, or whether another driver had time to react. If you are considering a lawsuit, preserving and obtaining the full available footage may become a key issue.

Fault Still Matters Under North Carolina Law

Even in an uninsured driver claim, you still need evidence of fault. A UM insurer can often raise the same types of defenses the uninsured driver could have raised. Another insurer, such as a bus company’s insurer, may also argue that someone else caused the crash.

North Carolina also recognizes contributory negligence as a defense. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it. In practical terms, if an insurer claims your own conduct helped cause the crash, that issue can create serious problems for the claim.

That is why evidence should address both sides of the story: what the uninsured car driver did wrong and why your own actions were reasonable. If the bus company is also involved, the evidence should also address whether the bus driver or bus company did anything that contributed to the collision.

Filing a Lawsuit May Be an Option, But It Is Not the Only Step

Filing a lawsuit may be the next step if the insurers deny responsibility, if important evidence must be obtained, if the statute of limitations is approaching, or if the claim cannot be resolved through the insurance process. But a lawsuit against an uninsured driver has practical limits if that driver has no insurance and no collectible assets.

In many North Carolina UM cases, the lawsuit may still name the uninsured driver, while the uninsured motorist carrier receives proper notice and service so it can defend the claim. North Carolina’s uninsured motorist statute contains specific procedures involving notice, service of the summons and complaint, and the insurer’s right to defend. Missing these steps can create avoidable problems.

There may also be arbitration issues under some UM policies. A policy may allow the insured person to demand arbitration if the insurer and insured disagree about legal responsibility or damages. However, a demand for arbitration should not be treated as a substitute for protecting lawsuit deadlines. Claim discussions with an insurer do not automatically extend the time to file a lawsuit.

Deadlines Can Affect Your Options

For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 provides a three-year deadline for claims involving injury to a person. Some claims can have different timing rules, especially if a government entity, wrongful death claim, or special statutory procedure is involved.

Because your facts involve a bus, it is important to identify who owned or operated the bus. A private bus company, public transit provider, school-related vehicle, government agency, or contractor may involve different notice, immunity, insurance, or procedural issues. Do not assume that talking with the bus company’s insurer, your insurer, or the car driver gives you more time.

Documents and Evidence to Gather Now

If you are dealing with an uninsured driver after a Durham crash, gather and preserve as much information as you can. Useful materials may include:

• The crash report and any supplement or diagram.
• Photos or video of the vehicles, roadway, intersection, traffic signals, weather, and visible injuries.
• Names and contact information for witnesses, passengers, responding officers, and adjusters.
• Any bus video, dash camera footage, surveillance footage, or written description of footage.
• Letters or emails saying the car driver had no insurance or that coverage was denied.
• Your auto policy declarations pages and any household auto policies that may apply.
• Medical records, bills, visit summaries, and instructions from your medical providers.
• Proof of missed work, reduced hours, or out-of-pocket expenses related to the crash.
• All correspondence from the bus company, its insurer, your insurer, and any UM adjuster.

Keep your own notes factual. Write down dates, names, claim numbers, and what each insurer said. Avoid guessing about fault or injuries in recorded statements, social media posts, or casual messages.

How This Applies to the Bus-and-Car Crash Facts

Based on the facts provided, the car driver appears to have been uninsured, and the bus company’s insurer is denying responsibility based on claimed video footage. That situation calls for a focused review of both liability and coverage.

First, the uninsured status of the car driver should be confirmed in writing if possible. Second, any available UM coverage should be identified and notified promptly. Third, the bus company’s denial should be tested against the full evidence, not just the insurer’s summary of the video. Finally, if the claim cannot be resolved and deadlines are approaching, filing suit may be necessary to preserve the claim and obtain evidence through the court process.

The practical goal is to avoid two common mistakes: assuming there is no claim because the car driver lacked insurance, or assuming the bus company’s denial ends the matter. In North Carolina, the correct next step depends on the evidence, the insurance policies, and the timing.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help evaluate whether an uninsured motorist claim, a bus company claim, or both should be pursued. That review may include identifying available policies, requesting written coverage positions, preserving video evidence, organizing medical documentation, and tracking deadlines.

For a denied Durham injury claim, the firm can also help assess whether a lawsuit is a practical next step. That includes reviewing who should be named, whether a UM carrier must receive notice or service, what evidence is needed to prove fault, and what defenses may be raised under North Carolina law. No attorney can promise a result, but a careful claim review can help you understand the available paths before a deadline controls your options.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.