Legal Question in Insurance Law in North Carolina

Re: Unfair auto insurance claims

First, the other driver is guilty of the crime of driving without insurance. Hopefully the officer charged him appropriately. But of course, that's not going to put anything in your pocket. Second, you can always pursue a claim, or sue, the driver, but you would be limited to whatever collectible assets the uninsured driver had. Third, and most importantly (!), you can pursue your claim with your own insurance company, as an "uninsured motorist" (UM) claim. Your company will pay for your loss (property damage, bodily injury (medical expenses, lost earnings, pain and suffering)), subject to the policy limits, and then it may "subrogate" against the uninsured driver. You probably have UM coverage, unless you expressly waived it. Also, you may be entitled to the UM coverage under the policies covering others in your house, and covering the owner of the car you were driving (if it was not yours). These issues get quite complex, so you may want a lawyer to assist you. (Also, don't forget about "medpay" coverage if you have medical expenses.)