Short Answer

In North Carolina, you can still pursue accident damages even if you did not have auto insurance. You may sue the at-fault driver and, if that driver is uninsured, you can often claim uninsured motorist (UM) benefits through a household member’s policy or the policy on the vehicle you occupied. Act before the statute of limitations runs and follow North Carolina’s service rules, including serving any UM insurer when required.

Understanding the Problem

You were hurt in a North Carolina crash while uninsured. The other driver admitted fault but appears to have no insurance, and direct recovery looks unlikely. You want to know if you can still make a claim and how to proceed, including whether a household member’s auto policy can help.

Apply the Law

North Carolina law lets an injured person bring a negligence claim against the at-fault driver regardless of the injured person’s insurance status. When the at-fault driver is uninsured, you may have uninsured motorist (UM) coverage through any policy covering you as a resident family member or as an occupant of a covered vehicle. If you file a lawsuit against the uninsured driver, you must properly serve the defendant under Rule 4 and also serve any UM insurer so it can participate. The main forum is the civil division of the General Court of Justice; the statute of limitations for personal injury is generally three years from the crash.

Key Requirements

• Negligence and damages: Show the other driver’s fault and your resulting losses (injuries, medical bills, repairs, lost income).
• Available insurance: Identify any UM coverage from a household member’s policy or the vehicle you occupied; confirm no exclusions apply.
• Proper filing: File a complaint and civil summons in the correct county and court division; name the at-fault driver as defendant.
• Service of process: Serve the defendant under Rule 4 (e.g., sheriff/personal service or certified mail). If pursuing UM benefits, serve the UM insurer with the lawsuit so it can defend.
• Deadline: File within the three-year limitations period for personal injury; property damage claims share the same general three-year period.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Uninsured/Underinsured Motorist Coverage) - Requires UM/UIM coverage on auto policies and allows the insurer to be served and to defend claims.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Sets the general three-year deadline for negligence and property damage claims.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Governs how to serve a summons and complaint on defendants and interested insurers.

Analysis

Apply the Rule to the Facts: Your lack of personal auto insurance does not stop you from bringing a negligence claim against the at-fault driver. Because that driver appears uninsured, you should promptly check for UM coverage under any household member’s auto policy or the policy on the vehicle you were riding in. If UM exists, file suit against the at-fault driver and serve the UM insurer so it can participate. If no insurance is available, you can still sue, but collecting from an uninsured, asset‑poor defendant can be difficult.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Civil division of the General Court of Justice in the North Carolina county where the crash occurred or where the defendant resides. What: File a Complaint and an AOC-CV-100 Civil Summons; if pursuing UM, plan to serve the UM insurer with the lawsuit. When: File within the three-year statute of limitations from the date of the crash.
2. After filing, have the Clerk of Superior Court issue the summons and arrange service under Rule 4 (sheriff/personal delivery or certified mail). The defendant typically has 30 days from service to answer; extensions are common. Timeframes for scheduling and discovery vary by county.
3. Cases often resolve by settlement or proceed to mediation and, if needed, trial. If UM coverage applies, the insurer may defend and be bound by the outcome.

Exceptions & Pitfalls

• Missing the statute of limitations—file before the three-year deadline.
• Overlooking UM coverage—check all household policies and the policy on the vehicle you occupied.
• Service mistakes—use a Rule 4 method; ordinary mail will not suffice. Keep proof of service.
• Not serving the UM insurer—when pursuing UM benefits, serve the insurer with the lawsuit so it can participate and be bound.
• Assuming a judgment guarantees payment—collection depends on the defendant’s non-exempt assets if no insurance applies.

Talk to a Personal Injury Attorney

If you're dealing with an uninsured at-fault driver and no personal policy of your own, 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.