Uninsured/Underinsured Motorist Accidents

There is no question that being involved in a car accident is a difficult experience. If the driver who caused the accident does not have insurance or has insufficient insurance, the situation may become even more stressful. Under North Carolina law, each motorist is required to maintain a liability insurance policy. Still, many drivers refuse to comply with this requirement, putting an accident victim in a troublesome financial situation. Even if they do have insurance, the policy may not cover all of the costs and injuries that result from the collision. Victims of underinsured and uninsured motorist accidents should consult a car crash attorney in seeking to ensure that they are compensated adequately. At Olsinski Law Firm, our experienced Concord and Charlotte uninsured motorist accident lawyers have counseled many victims on their legal options.

Many insurance companies offer addendums that drivers can retain to protect them in collisions involving an uninsured or underinsured motorist. An uninsured motorist is an individual who does not have any liability coverage, while an underinsured motorist is an individual whose policy limits are not sufficient to cover the damages that the victim sustained in the collision. An uninsured motorist policy will protect a victim of an accident involving an uninsured motorist by providing coverage for certain damages stemming from the crash. An underinsured motorist policy will provide additional coverage to supplement the at-fault driver’s insurance policy. In this instance, the at-fault driver’s insurer will cover the victim’s damages up to the policy limit, at which point the victim’s underinsured motorist policy will cover the excess amount up to the limit provided in the policy.

To recover compensation following a car crash, the plaintiff may pursue a claim directly against the uninsured or underinsured driver or against their own insurance company. Our uninsured motorist accident attorneys can help Charlotte and Concord residents with this process. Most of the time, someone who lacks insurance or has inadequate insurance does not have sufficient assets to satisfy a judgment after an accident. This means that an uninsured or underinsured motorist claim often pits the victim against their insurance provider, who may contest the claim by arguing that the uninsured or underinsured driver was not at fault for the crash.

An injured policyholder may be able to trigger the policy and hold their insurance company accountable for honoring it by showing that the other driver acted carelessly in causing the accident. For example, if the uninsured driver violated an applicable law at the time of the crash, there will be a strong case of negligence because most ordinary, prudent people would obey traffic laws.

Showing that the defendant’s negligent conduct was the direct cause of the crash may be complicated, often involving testimony from experts like accident reconstruction specialists. Depending on the situation, the insurer may even argue that the victim was at least partly responsible for causing the accident. Unlike most states, North Carolina has adopted a pure contributory negligence approach to assessing a plaintiff’s fault. Under this standard, a plaintiff will be barred from recovery if the defendant can show that the plaintiff was negligent, even if that negligence was only a very minor factor in contributing to the accident. This is a strict standard that may have devastating results for the plaintiff, so you should not delay in seeking legal representation to fight back against any such allegations as they arise.

If you or a loved one has suffered injuries in an accident involving an uninsured or underinsured motorist, we are ready to assist you. Our dedicated Concord and Charlotte uninsured motorist accident attorneys understand how stressful this situation may be, and we can ensure that you receive the personalized and diligent legal counsel that you deserve. We proudly serve victims throughout Mecklenburg and Cabarrus Counties, including in Huntersville, Matthews, Mint Hill, Cornelius, Davidson, Pineville, Kannapolis, Harrisburg, Midland, and Mount Pleasant. To schedule a free appointment with an injury lawyer, contact us online or call us in Charlotte at 704-405-2580 or in Concord at 704-918-4747.