Short Answer

In North Carolina, if you have a police report but the other driver is still unknown (common in a hit-and-run), you should promptly open an uninsured motorist (UM) claim with your own auto insurer and preserve proof of the crash and your injuries. North Carolina UM law has specific notice and timing requirements when the at-fault driver’s identity cannot be found, even if you already reported the crash to police. You should also track the civil filing deadline, because waiting too long can limit your options.

Understanding the Problem

If you were hit in North Carolina and you have a police report, but you still don’t know who the other driver was, the practical question is: can you still make a claim for your injuries and vehicle damage, and what do you have to do next to protect that claim? This comes up often in a hit-and-run, including a situation where your car was struck while parked in a parking lot and the other driver left before anyone could identify them.

Apply the Law

When the at-fault driver cannot be identified, North Carolina law often shifts the focus from “making a claim against the other driver’s insurance” to “making a claim under your own policy,” usually through uninsured motorist (UM) coverage. North Carolina requires UM coverage in most auto policies, and the UM statute includes special rules for cases where the identity of the owner or operator of the other vehicle cannot be ascertained. These rules include quick reporting to law enforcement (or as soon as practicable) and timely notice to your insurer before filing suit.

Key Requirements

• Unknown at-fault driver (hit-and-run): You must be able to show the crash happened and that the other vehicle caused your injury or damage, even if you cannot identify the driver.
• Prompt report to law enforcement: For an “unknown driver” UM claim, the accident must be reported within 24 hours or as soon thereafter as may be practicable.
• Timely notice to your insurer: You must notify your insurer within a reasonable time and include the time, date, and place of the injury/accident and information about your injuries.
• Cooperation and information requests: After notice, the insurer may send forms and request additional reasonable information about the accident and injuries.
• 60-day waiting period before suing the insurer: If you end up needing to file suit directly against your UM insurer because the driver cannot be identified, North Carolina law generally requires at least 60 days after giving notice before filing that lawsuit.
• General civil filing deadline still matters: Many injury claims from motor-vehicle negligence are subject to a three-year statute of limitations, so you should not assume an insurance claim can be handled “whenever.”

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Uninsured motorist coverage; unknown driver notice and timing rules) - Requires UM coverage and sets special notice/reporting steps when the at-fault driver’s identity cannot be ascertained.
• N.C. Gen. Stat. § 20-166.1 (Crash reporting and investigation) - Addresses reporting a reportable crash and law enforcement’s written crash report process.
• N.C. Gen. Stat. § 1-52 (Three-year statute of limitations for many injury/property claims) - Common limitations period that often applies to negligence-based injury claims.

Analysis

Apply the Rule to the Facts: Here, you report a hit-and-run while your vehicle was parked in a parking lot, and a police report was made. Because the other driver’s identity is unknown, your next legal/insurance step is usually to treat this as an uninsured motorist situation and notify your own insurer quickly with the crash details and your injury information. Since you went to the ER, you should also preserve medical records and make sure the insurer receives timely notice that you are claiming bodily injury related to the collision.

Process & Timing

1. Who files: You (the injured person/insured). Where: With your auto insurance company’s claims department. What: A UM claim notice (often by phone first, followed by written notice or insurer forms). When: As soon as possible after you learn the driver is unknown; for unknown-driver UM claims, the crash should be reported to law enforcement within 24 hours or as soon thereafter as practicable.
2. Next step: Gather and submit the basics: the police report number/copy, photos of vehicle damage, any witness information, and ER/medical records tying your symptoms to the collision. If the insurer sends forms after your notice, complete and return them promptly and keep copies.
3. Final step: If the claim cannot be resolved and you must file a lawsuit to preserve your rights, timing becomes critical. For an unknown-driver UM lawsuit, North Carolina law generally requires waiting at least 60 days after giving the insurer notice before suing the insurer, and you still need to file within the applicable statute of limitations for the underlying injury claim.

Exceptions & Pitfalls

• Assuming the police report alone “starts” the insurance claim: A report helps, but you still need to notify your insurer and follow UM claim requirements.
• Missing UM notice details: North Carolina’s UM statute expects notice that includes the time, date, and place of the accident and information about your injuries. Vague notice can create avoidable disputes.
• Waiting too long to connect medical care to the crash: Gaps in treatment or unclear documentation can make it harder to show the collision caused your injuries.
• Overlooking other available coverages: Depending on your policy, medical payments coverage or collision coverage may apply even while the UM claim is being investigated.
• Work-related complications: If work-related injury issues are later mentioned, be careful about how you describe causation and timing. Overlapping injury sources can create disputes about what the crash actually caused.

Conclusion

If you have a police report but you don’t know the other driver’s identity in North Carolina, you should treat the case as a potential uninsured motorist claim and promptly notify your own insurer with the time, date, and place of the crash and your injury information. North Carolina law also expects the accident to be reported to law enforcement within 24 hours (or as soon thereafter as practicable) for unknown-driver UM claims. Next step: give written notice of the claim to your auto insurer as soon as possible and calendar the three-year filing deadline.

Talk to a Personal Injury Attorney

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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.