What steps should I take if the at-fault driver had no insurance and I’m on my employer’s policy?
What steps should I take if the at-fault driver had no insurance and I’m on my employer’s policy? - North Carolina
Short Answer
In North Carolina, you can pursue an uninsured motorist (UM) claim under your employer’s auto policy if you were driving a company vehicle and the at-fault driver had no insurance. Notify the UM insurer quickly, document all damages (not just medical bills), and address any medical and workers’ compensation liens before settlement. If negotiations stall, file suit against the uninsured driver and give your UM insurer required notice before the statute of limitations runs.
Understanding the Problem
The decision point is straightforward: In North Carolina, can you use your employer’s auto policy to recover under uninsured motorist coverage, and what steps should you take to protect your claim and final payout? You were driving a company vehicle when an uninsured driver caused a crash. This question sits squarely in personal injury law and focuses on using UM coverage, negotiating value beyond medical bills, and managing liens and costs so your net recovery is maximized.
Apply the Law
North Carolina requires auto policies to provide uninsured motorist coverage. When the other driver has no liability insurance, the UM carrier “stands in the shoes” of the at-fault driver, but you still must prove fault and damages. The primary forum for a disputed claim is a civil action in the county where the crash occurred; many policies also require arbitration for UM disputes. A key deadline is the general three-year statute of limitations for personal injury claims, and your UM insurer must receive notice and, if you file suit, a copy of the lawsuit in the manner the policy and statute require.
Key Requirements
Covered person and vehicle: You were a permissive driver of your employer’s insured vehicle, so the employer’s UM coverage applies first.
Fault and causation: Show the uninsured driver’s negligence caused your injuries and losses.
Damages proof: Document medical treatment, wage loss, pain and suffering, and other reasonable harms; UM carriers often start with medical bills, but all proven damages are recoverable.
Notice and participation: Give prompt written notice to the UM insurer and cooperate with reasonable investigation per the policy.
Preserve the claim: If no settlement, file suit against the uninsured driver within the limitation period and provide the UM insurer the required copies so it can participate.
Liens and offsets: Address medical provider liens and any workers’ compensation lien before disbursing funds; statutory caps and distribution rules apply.
Apply the Rule to the Facts: You were driving a company vehicle, so your employer’s UM coverage is primary. The insurer’s first offer based only on medical bills does not end the analysis—you can claim all provable damages if you establish the uninsured driver’s fault. To preserve leverage, keep the three-year filing deadline in view and be ready to file suit against the driver and notify your UM carrier per the policy. Before settling, account for medical and any workers’ compensation liens so your net is protected.
Process & Timing
Who files: You (the injured driver). Where: Start with a claim to the employer’s UM insurer; if no resolution, file a civil complaint in the county where the crash occurred (General Court of Justice) and have the Clerk of Superior Court issue a Civil Summons (AOC-CV-100). What: Serve the uninsured driver and provide your UM insurer the required copies/notice under the policy. When: File before the three-year personal injury deadline.
Negotiate with the UM adjuster using complete proof: medical records/bills, wage documentation, and concise summaries of pain and limitations. Expect the insurer to scrutinize gaps in treatment and preexisting conditions; respond with records and treating provider notes.
Resolve liens before disbursement: confirm any medical provider liens and any workers’ compensation lien; apply statutory caps and seek reductions when appropriate. Conclude with a signed release or, if litigated/arbitrated, a judgment or award, then disburse funds per the lien rules.
Exceptions & Pitfalls
Missing the three-year filing deadline can bar recovery; calendaring early avoids last-minute service and notice issues.
Overlooking other coverage (your own UM/UIM or MedPay) can leave money on the table; give prompt written notice to all potential insurers.
Workers’ compensation interplay: if you were within the scope of employment, a comp lien may attach to your UM recovery; a judge can reduce it in the right circumstances.
Medical lien traps: providers must have itemized, reasonable charges; total provider lien payments are capped relative to fees and recovery—confirm before disbursing.
Recorded statements and broad medical authorizations can undercut your claim if too expansive; limit releases to relevant time periods and conditions.
Premium concerns: a UM claim paid under your employer’s policy typically does not affect your personal auto premiums, but reporting a claim on your own policy and any fault assessment can matter—ask your insurer before you file.
Conclusion
In North Carolina, if an uninsured driver caused your crash while you were driving a company vehicle, you can use your employer’s UM coverage by proving fault and documenting all damages, not just medical bills. Protect your claim by promptly notifying the UM insurer, handling medical and any workers’ compensation liens under state law, and, if needed, filing suit against the uninsured driver and notifying your UM carrier within three years. Next step: send written notice and documentation to the UM insurer and calendar the three-year deadline.
Talk to a Personal Injury Attorney
If you’re dealing with an uninsured motorist claim on an employer policy, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today: (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.
