Short Answer

In North Carolina, you can pursue a claim through your own auto policy’s uninsured motorist (UM) coverage when the at-fault driver flees or is unknown. If there was no physical contact between vehicles, you generally need a disinterested witness to corroborate what happened. If the insurer won’t resolve the claim, you can file a lawsuit against “John Doe,” serve your UM insurer, and complete service by publication. Most personal injury claims must be filed within three years.

Understanding the Problem

You’re asking whether you can still make a North Carolina personal injury claim when a hit-and-run driver fled and you don’t have their information. The key question is whether you can use your UM insurance and, if needed, file suit to preserve your rights. Here, you were driving through a school-zone intersection when a pickup ran a red light, fled, and a witness saw it happen.

Apply the Law

North Carolina law allows injured drivers to recover under their own UM coverage when the negligent driver is unknown or uninsured. When the other vehicle’s identity is unknown, UM benefits are available if there was physical contact or, if no contact, a non-occupant witness corroborates the crash. If your insurer contests liability or damages, you can file a civil action naming “John Doe,” serve your insurer as though it were a defendant, and use service by publication to reach the unknown driver. The main forum is Superior Court for larger injury claims; the core deadline to file is generally three years from the crash.

Key Requirements

• UM coverage applies: Your policy’s uninsured motorist coverage can pay for injuries caused by an unidentified hit-and-run driver.
• Contact or corroboration: If there was no physical contact, a disinterested witness (not a passenger) must corroborate the accident.
• Prompt notice and cooperation: Report the crash to law enforcement and your insurer and provide reasonable documentation of injuries and losses.
• Filing a “John Doe” lawsuit if needed: If the insurer won’t resolve the claim, sue “John Doe,” serve your UM carrier with the summons and complaint, and complete service by publication on the unknown driver.
• Deadline: Most North Carolina personal injury claims must be filed within three years of the crash.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM) - Allows UM claims for unknown hit-and-run drivers and sets corroboration/service rules.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - General three-year statute of limitations for personal injury claims.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Includes service by publication for unknown defendants and methods to serve parties.

Analysis

Apply the Rule to the Facts: Because the pickup fled and the driver is unknown, your UM coverage is the primary path. If there was no contact between vehicles, your witness—so long as they were not a passenger—can meet the corroboration requirement for a “phantom vehicle.” You should promptly notify your insurer and document injuries. If the insurer disputes the claim, filing a “John Doe” suit and serving your UM carrier preserves your rights within the three-year window.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Typically the Superior Court in the North Carolina county where the crash occurred or where you reside. What: Civil Complaint naming “John Doe” as defendant and a Civil Summons (AOC-CV-100); also serve your own UM insurer with the summons and complaint as if it were a defendant. When: File within the three-year statute of limitations.
2. Serve “John Doe” by publication consistent with Rule 4 (publish once a week for three successive weeks in a qualified local newspaper), and serve your UM carrier by an approved Rule 4 method. Insurers typically require prompt notice and cooperation during claim investigation; timelines vary by county and insurer.
3. Discovery, mediation, and resolution: After service, the case proceeds through discovery. Most Superior Court civil cases are ordered to mediation, where many UM disputes settle. If not, the case moves toward trial and a judgment determines liability and damages.

Exceptions & Pitfalls

• No independent witness and no contact: Without physical contact or a disinterested witness, UM hit-and-run claims can be denied.
• Service missteps: Failing to serve your UM carrier with the summons and complaint, or not completing proper publication on “John Doe,” can sink the lawsuit.
• Delay and treatment gaps: Large gaps in medical treatment or failure to document injuries can undermine causation and damages.
• Notice and cooperation: Policies often require prompt notice and cooperation; unreasonable delay or noncooperation can jeopardize coverage.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a North Carolina hit-and-run and don’t have the other driver’s information, 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.