Short Answer

In North Carolina, you can still make a claim even if you do not carry your own auto insurance. First, pursue the at-fault driver’s liability insurance. If that driver is uninsured or flees, uninsured motorist coverage from the vehicle you occupied may apply. If no insurance exists, you can file a lawsuit against the at-fault driver and consider other sources like workers’ compensation (if you were on the job). You generally have three years to file a personal injury lawsuit.

Understanding the Problem

You want to know if you can still recover money for injuries from a North Carolina car crash when you do not have an auto policy, and none was found through household relatives. You are the injured person, seeking payment for medical bills and other losses. The core decision is whether there is any insurance or legal path to pursue. The timing matters because North Carolina sets deadlines for filing claims in court.

Apply the Law

North Carolina law allows an injured person to recover from the at-fault driver, typically through that driver’s liability insurance. If the at-fault driver is uninsured or unknown, uninsured motorist (UM) coverage can step in, including coverage on the vehicle you were riding in. If no insurance is available, you can still sue the at-fault driver personally in the proper court. The general deadline to file a personal injury lawsuit is three years from the crash, and you must properly serve the defendant (and a UM insurer, if involved) under the Rules of Civil Procedure.

Key Requirements

• Fault and damages: Show the other driver’s negligence caused your injuries and document your losses (medical treatment, lost income, pain).
• Find a coverage path: Identify the at-fault driver’s liability policy; if none, look for UM (and possibly medical payments) coverage on the vehicle you occupied.
• Preserve deadlines: File any lawsuit within the general three-year limit; UM and hit-and-run claims can have added notice and service requirements.
• Proper forum and service: File in the correct North Carolina trial court and serve the defendant; if UM applies, serve the UM insurer as required.
• Collection reality: If no insurance, a judgment is only useful if the at-fault driver has non-exempt assets you can reach.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Financial Responsibility; UM/UIM) - Sets requirements for uninsured and underinsured motorist coverage and related procedures.
• North Carolina Gen. Stat. § 1-52 (Three-Year Limitation) - General three-year statute of limitations for personal injury claims.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of Process) - Governs issuing a summons and serving parties (and serving a UM carrier when required).

Analysis

Apply the Rule to the Facts: You do not have your own auto policy and none was found through relatives. You can still present a bodily injury claim to the at-fault driver’s liability insurer. If that driver is uninsured or cannot be identified, check whether the vehicle you occupied has UM or medical payments coverage that could apply. If no insurance exists at all, your remaining path is a personal lawsuit against the at-fault driver and, if the crash happened during work, a workers’ compensation claim.

Process & Timing

1. Who files: Injured person. Where: Start by notifying and negotiating with the at-fault driver’s insurer; if uninsured or no settlement, file in the appropriate North Carolina trial court (District or Superior) in the county of the crash or where the defendant resides, through the Clerk of Superior Court. What: File a Complaint and a Civil Summons (AOC-CV-100). Official summons form: Civil Summons (AOC‑CV‑100). When: Generally before the three-year statute of limitations expires.
2. If UM coverage from the occupied vehicle may apply, give written notice to that insurer promptly and serve the UM carrier with the lawsuit as required. The insurer then has the right to participate in the defense. Timelines vary by county and case complexity.
3. Resolve by settlement or, if needed, proceed to judgment. If there is no insurance, you may enforce a judgment against the defendant’s non-exempt assets under North Carolina collection rules.

Exceptions & Pitfalls

• Hit-and-run claims often require meeting specific UM rules; missing police reporting or corroboration requirements can defeat coverage.
• Failing to serve the UM insurer with the lawsuit (when UM applies) can jeopardize coverage rights.
• Signing a broad release with the property damage payment can unintentionally waive your injury claim—read carefully.
• If the at-fault driver has no insurance and few assets, collection after judgment may be limited; evaluate ability to collect before investing heavily in litigation.
• If injured while working, workers’ compensation has strict notice and filing requirements; delay can bar benefits.

Talk to a Personal Injury Attorney

If you’re dealing with a crash and no obvious insurance to pursue, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.