Short Answer

In North Carolina, you need the insurer’s name, policy number, named insured, coverage types and limits (especially liability, UM/UIM, and MedPay), and the policy’s effective dates. You also need crash details (date, location, police report number), the at-fault driver’s information, and proof of your right to claim under that policy (for example, proof you live with the policyholder for household UM/UIM). If the at-fault driver is uninsured, you must document that and promptly notify any UM carrier.

Understanding the Problem

You’re asking what details you must gather from someone else’s auto policy to start a claim under North Carolina personal injury law. Here, the at-fault driver appears uninsured, and your attorney is exploring whether a household member’s auto policy could cover you. This article explains exactly which policy facts and documents you need so you can give notice to the insurer and protect your claim.

Apply the Law

North Carolina’s auto insurance rules require liability coverage and, in most cases, uninsured motorist (UM) coverage; underinsured motorist (UIM) coverage depends on the policy’s liability limits. A “household member” (resident relative) often qualifies as an insured for UM/UIM, but you must prove residency and policy terms. If a lawsuit becomes necessary (for example, to preserve rights or force payment), you file in the appropriate North Carolina trial court, and you must properly serve any necessary parties (including a UM insurer that has a direct interest in the case).

Key Requirements

• Identify the policy: Insurer’s name, policy number, named insured, and policy period (effective dates).
• Confirm coverages and limits: Liability, UM/UIM, and MedPay; the declarations page is the quickest source.
• Show your right to claim: For liability claims, you are a third party; for household UM/UIM, provide proof you lived with the named insured on the crash date (license, mail, lease, or affidavit).
• Document the loss: Crash date, location, police report number, descriptions of injuries and damages, and any photos or witness information.
• Establish uninsured/underinsured status (if applicable): Evidence the at-fault driver had no valid insurance (insurer denial, DMV response, or sworn statement) or had limits too low for your losses.
• Give prompt notice and preserve rights: Policies require timely notice; for UM/UIM, notify the carrier before any settlement and follow consent requirements.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Required motor vehicle coverage; UM/UIM) - Sets required liability and UM coverage, and outlines UIM procedures.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Describes how parties, including insurers, must be served if you file suit.

Analysis

Apply the Rule to the Facts: Because the at-fault driver appears uninsured, you will likely pursue a UM claim. To do that, obtain your household member’s declarations page to confirm UM limits and their named insured status, and gather proof you lived with them on the crash date. Provide the insurer with the police report and evidence that the at-fault driver had no valid coverage. If litigation is needed, include the UM insurer in the case and serve it properly to protect your coverage rights.

Process & Timing

1. Who files: You or your attorney. Where: Start with the insurer’s claims department listed on the declarations page; if suit is needed, file a Summons (AOC‑CV‑100) and Complaint with the Clerk of Superior Court in the appropriate North Carolina county. What: Claim notice with crash details, policy information (insurer, policy number, named insured), declarations page, and proof of residency for household UM/UIM. When: Give written notice immediately or as soon as practicable; personal injury lawsuits generally must be filed within a limited time under North Carolina law.
2. Insurer assigns an adjuster and a claim number; you provide medical records, bills, wage documentation, and repair estimates as requested. County practices and insurer timelines vary.
3. If settlement stalls or a deadline approaches, file suit. For UM cases, include the UM insurer as a party with a direct interest and serve it under Rule 4. The expected outcome is either a settlement or a judgment.

Exceptions & Pitfalls

• Settling with the at‑fault insurer (if one exists) without your UM/UIM carrier’s written consent can void UIM coverage.
• Not serving a UM insurer when you file suit can jeopardize its duty to pay and its right to defend.
• Assuming you qualify as a “resident relative” without proof; gather documents showing you lived in the same household on the crash date.
• Overlooking other household or umbrella policies; ask about all vehicles and policies in the residence.
• Delays in notice; most policies require immediate notice and cooperation, including recorded statements and medical authorizations—coordinate this through counsel.

Talk to a Personal Injury Attorney

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