Oct62025

What damages can I recover in a rear-end collision when I’m pregnant and have both BI and UM coverage? – North Carolina

Short Answer

In North Carolina, you can recover compensatory damages for medical bills (including pregnancy-related care and monitoring), lost income, pain and suffering, and property damage when another driver negligently rear-ends you. The at-fault driver’s liability insurance pays first. If that driver is uninsured, your uninsured motorist (UM) coverage may apply; if their coverage is not enough, your underinsured motorist (UIM) coverage can fill the gap. You generally have three years to file suit, and proof of medical expenses is limited to amounts paid or owed.

Understanding the Problem

You want to know what damages you can recover in North Carolina after being rear-ended and how your own policy’s UM/UIM coverage affects payment, especially because you’re pregnant. The core issue is whether the other driver’s fault entitles you to compensation for your injuries and pregnancy-related care, and when your own coverage steps in if the at-fault driver has no insurance or too little insurance.

Apply the Law

North Carolina allows an injured driver to recover damages from a negligent driver for bodily injury, property damage, and related losses. Recoverable damages include reasonable medical expenses (including obstetric evaluation and fetal monitoring), lost wages, and non-economic damages like pain and suffering. If the at-fault driver lacks insurance, UM coverage can pay; if their liability limits are insufficient for your total losses and your UIM limits are higher, UIM can pay the difference. Medical-expense evidence is limited to amounts actually paid or still owed. Personal injury suits generally must be filed within three years. UIM claims require notice and, before finalizing a settlement with the at-fault driver’s insurer, you must give your UIM carrier an opportunity to protect its rights.

Key Requirements

  • Fault and causation: The other driver’s negligence caused the crash and your injuries.
  • Documented damages: Medical treatment, pregnancy-related monitoring, and any lost income are reasonable and tied to the crash.
  • Medical billing proof: You can present the amounts paid or owed for medical care; higher “sticker price” bills are not the measure.
  • UM/UIM trigger: UM applies if the at-fault driver is uninsured; UIM applies if your damages exceed the at-fault driver’s limits and your UIM limits are higher than theirs.
  • UIM settlement consent: Before releasing the at-fault driver for their policy limits, give written notice to your UIM insurer and allow time for a response.
  • Deadline: Personal injury claims generally must be filed within three years from the crash.

What the Statutes Say

Analysis

Apply the Rule to the Facts: A rear-end collision usually indicates the trailing driver failed to keep a safe distance, satisfying fault and causation if no new hazard breaks the chain. Because you are pregnant and had ER evaluation with follow-up OB and surgical care, your reasonable medical expenses, including fetal monitoring, may be recoverable along with pain and suffering and any lost wages. If the at-fault driver is insured, UM likely won’t apply; if their limits are too low, your UIM could help once you follow the consent-to-settle steps. Findings like gallbladder or liver changes must be connected to the crash to claim them; if unrelated, they may not increase damages.

Process & Timing

  1. Who files: The injured driver. Where: Start with an insurance claim to the at-fault driver’s insurer; if suit is needed, file a civil Complaint with the Clerk of Superior Court in the North Carolina county where the crash occurred or where the defendant resides. What: Written claim and medical documentation; lawsuit via a Complaint and Civil Summons (no statewide fill-in form). When: Investigate and present the claim promptly; the lawsuit deadline is generally three years from the crash.
  2. If the liability insurer offers its policy limits, give written notice of the tentative settlement to your UIM insurer and allow up to 30 days for a response before signing a release; this preserves your UIM rights.
  3. Resolve the claim by settlement(s) and signed release(s). If negotiations fail, litigate the negligence claim in state court; any UM/UIM disputes proceed under policy and court procedures.

Exceptions & Pitfalls

  • North Carolina’s contributory negligence rule can bar recovery if you were also negligent; careful fact development matters.
  • Releasing the at-fault driver for their limits without your UIM carrier’s consent (or required notice) can void your UIM claim.
  • Gaps in treatment or missed follow-ups can undermine proof that the crash caused your symptoms, especially during pregnancy.
  • Only amounts paid or still owed for medical care are admissible; inflated charges may not increase damages.
  • Medical and insurance liens can attach to injury recoveries; coordinate payoff to avoid surprises at settlement.

Conclusion

In North Carolina, a pregnant driver rear-ended by a negligent motorist may recover medical expenses (including pregnancy-related care), lost income, pain and suffering, and property damage. The at-fault driver’s liability insurance pays first; UM applies only if they are uninsured, and UIM can fill the gap when their limits are too low. Preserve your claim by documenting care, following UIM consent-to-settle steps, and, if needed, filing a civil Complaint with the Clerk of Superior Court within three years.

Talk to a Personal Injury Attorney

If you’re dealing with injuries from a rear-end crash during pregnancy and need to coordinate liability and UM/UIM coverage, our firm has experienced attorneys who can help you understand your options and timelines. 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.

Category: Uncategorized

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.