How can an injury claimant determine which insurer covered the at-fault driver at the time of the accident?

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Detailed Answer

Locating the correct liability carrier is the first practical step in every North Carolina car–crash claim. Without it, you cannot open a bodily-injury claim, obtain a rental car, or protect your own uninsured/underinsured motorist (UM/UIM) coverage. Below is a step-by-step roadmap that works in most cases.

1. Exchange Information at the Scene

N.C. Gen. Stat. § 20-166 requires all motorists involved in a reportable crash to provide their "name, address, driver’s license number, and the license plate number of the vehicle." Most insurance cards list the carrier and policy number. Photograph both sides of the card before you leave the scene, if it is safe to do so.

2. Order the Official Crash Report (Form DMV-349)

The investigating officer usually files a crash report within five business days under N.C. Gen. Stat. § 20-166.1. You can purchase it online through the North Carolina Department of Public Safety or in person at the local police department. The insurer’s name often appears in the "Insurance Company" field of the report.

3. Request the Financial Responsibility (FR-10) Form

When an officer cannot confirm coverage at the scene, the at-fault driver must submit Form FR-10 to the NC Division of Motor Vehicles (NCDMV) – Financial Responsibility Division within ten days (§ 20-279.5). You may request a copy directly from the Division:

  • Mail: NCDMV, Financial Responsibility, 3148 Mail Service Center, Raleigh, NC 27697-3148
  • Phone: 919-861-3059

Provide the accident date, county, and the at-fault driver’s name and tag number. The FR-10 lists the insurer, policy number, and effective dates.

4. Run a Tag or VIN Insurance Inquiry

Under § 20-42 and § 20-43.1, certain parties—including crash victims and their lawyers—may obtain motor-vehicle records for “legitimate business” or litigation purposes. File Form TR-67A with the NCDMV (fee: $2). The Division will disclose the liability insurer currently on file for the tag or VIN.

5. Ask the North Carolina Department of Insurance (NCDOI)

If the above avenues fail, call the NCDOI Consumer Services Division at 855-408-1212. While the agency does not release proprietary data, it can often contact insurers directly to confirm whether a particular policy number or driver was insured on the crash date.

6. Send a Preservation Letter to the At-Fault Driver

Mail a certified letter requesting the carrier name, policy number, and limits. Cite N.C. Rule of Civil Procedure 26 (pre-suit discovery) and warn that failure to preserve insurance information could result in sanctions under Rule 37.

7. Use Subpoenas or Discovery After Filing Suit

Once you file a complaint, N.C. Gen. Stat. § 1A-1, Rule 34 entitles you to demand a copy of the policy. A subpoena to the NCDMV or a cell-phone carrier can also reveal which insurer accepted responsibility.

8. Turn to Your Own UM Coverage if Necessary

If the at-fault driver was uninsured—or if you simply cannot confirm coverage—notify your insurer right away. North Carolina policies include UM benefits under § 20-279.21. Notice protects you from missed deadlines and keeps your medical bills moving.


Helpful Hints

  • Act quickly. Crash reports and FR-10 forms are easier to obtain within the first 30 days.
  • Verify spelling. One wrong digit in a plate or VIN can send you on a wild-goose chase.
  • Check for fleet vehicles. Commercial and rental cars often carry coverage through a master policy.
  • Document every contact. Keep copies of letters, emails, and phone logs. They prove diligence and preserve claim deadlines.
  • Protect privacy. Redact Social Security numbers and dates of birth in any public filing.

Still unsure which insurer to pursue? Our seasoned North Carolina personal-injury attorneys handle these investigations every day. Call us now at 919-313-2737 for a free, no-obligation case review.

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