Can I file a claim through the other driver’s insurance versus the driver’s own policy if liability is unclear? – North Carolina

Short Answer

In North Carolina, a bodily-injury claim is usually made against the at-fault driver’s liability insurance (the driver’s own auto policy), not a separate “other driver’s insurance.” If liability is unclear, a claim can still be opened with the other driver’s insurer, but that insurer may deny or delay payment until fault and coverage are confirmed. When the other driver’s identity or insurance is unknown, the claim often shifts to uninsured motorist (UM) coverage under an available policy, which has strict notice and timing rules.

Understanding the Problem

In a North Carolina crash case, can a claim be filed through an insurance policy connected to the other vehicle instead of the driver’s own policy when fault is disputed or the driver and coverage information cannot be confirmed? The practical issue is identifying which liability policy applies (driver, vehicle owner, or both) and what happens when the insurer will not accept responsibility without a clear liability picture. The question also matters when there is no police report and the other driver’s identity or insurance information is unclear.

Apply the Law

North Carolina auto liability coverage generally follows the insured person and the insured vehicle, and a third-party injury claim is typically presented to the liability insurer for the driver/owner alleged to be at fault. If the at-fault driver cannot be identified or turns out to be uninsured (including certain hit-and-run situations), North Carolina law requires UM coverage to be included in most auto policies, and it sets specific notice and waiting-period rules before suit can be filed against the UM insurer in certain scenarios.

Key Requirements

Identify the correct liability policy: The claim must be directed to the insurer that actually provides liability coverage for the at-fault driver and/or the vehicle involved. If the wrong insurer is contacted, the claim can stall while coverage is sorted out.
Prove legal liability (fault): Even when a claim is opened, the insurer generally evaluates whether its insured was negligent and whether that negligence caused the injuries. When liability is unclear, the insurer may dispute fault or argue shared fault.
Follow UM “unknown driver” rules when identity cannot be ascertained: If the other driver cannot be identified, UM procedures can require prompt reporting to law enforcement/DMV and advance notice to the UM insurer before filing suit.

What the Statutes Say

N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM coverage) – Requires uninsured motorist coverage in most NC auto policies and includes special procedures (including notice and waiting periods) for claims involving uninsured or hit-and-run/unknown drivers.

Analysis

Apply the Rule to the Facts: Here, hospital records help document injury and treatment, but the lack of a police report and unclear identity/insurance information makes it harder to match the crash to a specific at-fault driver and liability policy. A liability insurer for the other driver (if located) may still open a claim, but it may dispute fault or deny coverage until the insured driver/vehicle is confirmed. If the other driver cannot be identified, the more realistic path is often a UM claim under an available policy, which can require quick reporting and formal notice steps.

Process & Timing

Who files: The injured person or, in a fatal crash, the estate’s personal representative. Where: With the liability insurer for the at-fault driver/vehicle (if identified) and/or with an available UM carrier; lawsuits (if needed) are filed in the North Carolina General Court of Justice (typically Superior Court for wrongful death). What: A claim notice with basic crash facts, injury documentation (such as hospital records), and available identifying information for the other vehicle/driver. When: As soon as practicable, especially if the other driver may be unknown.
If the other driver/insurer is unclear: Investigation typically focuses on identifying the vehicle/driver (witnesses, photos, repair estimates, medical intake notes, nearby cameras) and confirming coverage. If the claim is treated as “unknown driver,” North Carolina UM rules can require reporting the accident within 24 hours or as soon thereafter as practicable and giving the UM insurer notice within a reasonable time.
If a lawsuit becomes necessary: In some UM situations, North Carolina law builds in a 60-day notice/waiting period before suit is filed against the UM insurer (depending on the type of UM claim). Planning around that waiting period matters when other deadlines are approaching.

Exceptions & Pitfalls

“Other driver’s insurance” may mean different things: Sometimes the driver has one policy and the vehicle owner has another. Coverage can depend on permissive use and policy terms, so the correct target insurer is not always obvious at the start.
No police report can slow identification and liability proof: A missing report does not automatically prevent a claim, but it often increases disputes about how the crash happened and who was involved.
UM notice traps: When the other driver is unknown, missing the early reporting/notice steps can create avoidable coverage fights. Even when notice is “within a reasonable time,” delays can become a major issue.
Liability disputes can delay payment: When liability is unclear, insurers may request recorded statements, additional documents, or independent evaluations before making any offer.

Conclusion

In North Carolina, an injury claim is typically presented to the at-fault driver’s (or vehicle owner’s) liability insurer, but that insurer may deny or delay payment when fault and coverage are unclear. When the other driver cannot be identified, the claim often proceeds under uninsured motorist coverage, which can require prompt reporting and advance notice before certain lawsuits. A practical next step is to give written notice to any available UM insurer as soon as the crash appears to involve an unknown or uninsured driver.

Talk to a Wrongful Death Attorney

If a crash led to a death or serious injuries and the other driver’s identity, insurance, or fault is unclear, our firm has experienced attorneys who can help sort out which policies may apply and what timelines matter. 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.