Short Answer

Yes. In North Carolina, you can pursue benefits through your own auto policy’s uninsured motorist (UM) coverage for a hit-and-run, and you may also use medical payments (MedPay) and collision coverage if you purchased them. UM coverage can apply even without vehicle-to-vehicle contact if there is independent corroboration of the other driver’s fault (for example, a neutral witness). You must still prove negligence, causation, and damages, and North Carolina’s strict contributory negligence rule applies.

Understanding the Problem

You want to know whether you can recover your medical bills and other losses after a North Carolina hit-and-run where the other driver is unknown. The core issue is whether your own insurance will cover you and what you must show to get paid. Here, the key fact is that the at-fault driver’s identity is unknown.

Apply the Law

North Carolina allows an injured person to recover from their own insurer under uninsured motorist (UM) coverage when the at-fault driver is unknown. To recover, you must establish the other driver’s negligence (for example, running a red light), that this caused your injuries, and that you sustained compensable damages. For unidentified drivers, UM coverage requires either physical contact or independent corroboration of the unknown driver’s fault. Claims are made first with your insurer; lawsuits are filed in the county’s civil court if needed. The general deadline to file a personal injury lawsuit in North Carolina is three years.

Key Requirements

• Negligence of the fleeing driver: Show the hit-and-run driver breached a traffic duty (such as running a red light) and caused your injury.
• UM coverage threshold: If the driver is unidentified, you need physical contact or independent corroboration (for example, a third-party witness) linking the unknown vehicle’s negligence to the crash.
• Causation and damages: Connect the crash to your injuries and document medical treatment, bills, and other losses.
• No contributory negligence: If you were even slightly at fault, recovery for bodily injury may be barred.
• Timely action: Report the crash to law enforcement and your insurer as soon as possible and file any lawsuit within the applicable limitations period.
• Use all available coverages: MedPay can help pay medical bills regardless of fault; collision can address vehicle repairs; UM addresses bodily injury and, in some policies, property damage.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Uninsured motorist coverage) - Requires UM coverage and addresses hit-and-run claims, including corroboration when the at-fault driver is unknown.
• North Carolina Gen. Stat. § 20-166 (Duty to stop at collisions) - Sets the stop and reporting duties; a violation can support negligence if the driver is identified.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Provides the general three-year limitation period for personal injury and property damage claims.

Analysis

Apply the Rule to the Facts: Because the at-fault driver is unknown, your claim likely proceeds under your UM coverage. If there was no vehicle contact, the independent eyewitness may supply the required corroboration that a red-light runner caused the incident. EMS transport and hospital records support causation and damages; however, the gap in follow-up treatment may reduce the insurer’s valuation unless you document why care was delayed and resume appropriate treatment. Contributory negligence will be evaluated, but the facts described focus on the other driver running a red light.

Process & Timing

1. Who files: The injured person. Where: Start with a claim to your own auto insurer; if suit is needed, file in the civil division of the county Superior Court or District Court (through the Clerk of Superior Court). What: Provide a police report number, witness information, medical records/bills, and make a UM claim; if filing suit, file a Complaint and Civil Summons naming “John Doe” and serve your insurer under the UM statute. When: Aim to report the crash to law enforcement and your insurer promptly; file any lawsuit within three years of the incident unless an exception applies.
2. Investigation: The insurer gathers statements, reviews medical records, and evaluates corroboration (witness, scene evidence). This stage often takes weeks to a few months, depending on records and cooperation.
3. Resolution: Settle the UM/MedPay claims or proceed to litigation/arbitration as the policy and law allow. If litigated, expect a judgment or settlement; UM payments are capped by your policy limits.

Exceptions & Pitfalls

• No corroboration and no contact: If the unknown driver’s fault cannot be independently corroborated and there was no contact, UM coverage may be denied.
• Late reporting: Delayed notice to law enforcement or your insurer can create coverage disputes under policy conditions.
• Contributory negligence: Any fault attributed to you can bar bodily injury recovery; the insurer will look for traffic violations or inattention.
• Gaps in treatment: Not following up on medical care can undermine causation and the reasonableness of bills; document barriers and resume care when you can.
• Service missteps: If you file suit against “John Doe,” you must properly serve your insurer under North Carolina rules and the UM statute.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina hit-and-run injury where the other driver fled, 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.