What are your options when auto liability coverage is not enough?

On Behalf of | Sep 15, 2022 | Personal Injury |

If you sustained serious injuries in a car accident, you are likely concerned about a growing tally of medical expenses. It is even more challenging when a crash reduces your ability to earn an income.

North Carolina’s car insurance laws require drivers to have a minimum of $30,000 in liability protection for one injured person in a single accident. However, your losses can quickly surpass the at-fault driver’s insurance limits. What are your options?

Filing with your insurer

You may be able to file a claim with your own insurance company, but it depends on what kind of additional coverage you have. If you elected medical payments protection, it pays medical expenses related to your accident up to the limits of your policy, regardless of who is at fault.

If you have uninsured/underinsured motorist coverage, you may also be able to file a claim using this component of your insurance policy. This protection covers the same damages as liability coverage, including lost wages and pain and suffering.

Filing a personal injury lawsuit

Another option you have in North Carolina is filing a personal injury lawsuit. This legal claim allows you to file a civil suit against the at-fault driver to pursue compensation for your losses. You have the potential to recover the full extent of damages not covered under insurance. The greatest challenge is this state’s pure contributory fault rule, which prevents claimants from collecting any damages if they have any liability in the accident, even if it is only 1%.

When a car accident results in severe injuries, the financial and health impacts are often devastating. Even if the other driver is at fault, you may need to explore multiple avenues to cover all your losses.

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