Legal Question in Personal Injury in North Carolina
my husband and I was hit in the back by a hit and run on interstate 95 it was fogging and raining the night it happened we didnt call the police so we dont have a police report can we still get compasated by this accident I have uninsured motor coverage on mky policy but the insurance company say they we might not be able to get paid off it cause we dont have a police report
1 Answer from Attorneys
There is a provision in the law, pertaining to "uninsured" motorist coverage in the "hit and run" situation, which says that "the insured, or someone in his behalf, shall report the accident within 24 hours or as soon thereafter as may be practicable, to a police officer, peace officer, other judicial officer, or to the Commissioner of Motor Vehicles." There are not a lot of cases construing this provision. You should therefore file a police report (i.e. report it to the police and have them write a report) as soon as possible. The insurer should not be prejudiced by this, and hopefully they will not deny the claim.
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