Wrongful Death

What can I do if I don’t know the other driver’s insurance information or they won’t tell me the truth about coverage? – North Carolina

Short Answer

In North Carolina, a driver involved in an injury crash is required to stop and provide basic identifying information, and a reportable crash should be reported to law enforcement so an official crash report can capture insurance details. If the other driver’s insurance is unknown, denied, or the driver cannot be identified, the next practical step is usually to open a claim under uninsured/underinsured motorist (UM/UIM) coverage and follow the notice rules that apply to “hit-and-run/unknown driver” situations. Acting quickly matters because UM claims can have short notice and reporting requirements even when the other driver is not cooperating.

Understanding the Problem

In North Carolina, what happens when a person is hurt in a car crash, goes to the hospital, and later cannot confirm who the other driver was or what insurance (if any) covered that vehicle? What can be done when the other driver refuses to share coverage information or gives inconsistent details, and there may not be a police report to rely on?

Apply the Law

North Carolina law expects drivers to stop after a crash and exchange identifying information, and it requires immediate notice to the appropriate law enforcement agency for a “reportable” crash. Separately, North Carolina auto policies generally include uninsured motorist coverage, which can apply when the at-fault driver is uninsured, coverage is denied, or the at-fault driver cannot be identified (often treated as a hit-and-run/unknown driver claim). In those unknown-driver situations, the UM statute includes specific notice and reporting steps that can affect whether the claim is preserved.

Key Requirements

  • Crash reporting and information exchange: Injury crashes generally trigger duties to stop, provide identifying information, and (for reportable crashes) notify the appropriate law enforcement agency so a report can be created and investigated.
  • Proof and verification of coverage: Insurance details often come from the investigating officer’s report, DMV processes, and later verification by insurers once a claim is opened.
  • UM/UIM notice rules: When the other driver is uninsured, coverage is denied, or the driver/vehicle cannot be identified, the injured person often must give timely notice and follow the UM claim steps required by statute and the policy.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a hospital visit after a crash, unclear identity/insurance for the other driver, and possibly no police report. Under North Carolina law, an injury crash should be reported to the appropriate law enforcement agency so an investigation and report can capture identifying and insurance information. If the other driver cannot be identified or coverage cannot be confirmed (or is denied), the situation often shifts to preserving a UM claim under the injured person’s own policy, which can require prompt reporting and written notice steps.

Process & Timing

  1. Who files: The injured person (or, in a death case, the personal representative of the estate) typically opens the insurance claim(s). Where: With the appropriate local police department (if in a city/town), the county sheriff or State Highway Patrol (if outside a city/town), and with the auto insurer(s) providing UM/UIM coverage. What: A crash report request (if a report exists) and an insurance claim notice; if the other driver is unknown, the UM statute contemplates notice to the insurer and follow-up information on insurer-provided forms. When: For a reportable crash, notice to law enforcement must be made immediately by the quickest means of communication; for unknown-driver UM situations, the statute includes a 24-hour (or as soon as practicable) reporting requirement and a 60-day notice period before certain UM suits can be initiated.
  2. Identify the other driver/insurer: If a report exists, it often lists the at-fault driver’s identifying information and financial responsibility information. If no report exists, the investigation usually relies on hospital intake notes, photos, witness information, 911 records, nearby business/residential video, vehicle damage patterns, and any partial plate/vehicle description to help law enforcement or an attorney identify the vehicle and insurer.
  3. Preserve the UM/UIM path: If the other driver remains unknown or coverage is disputed/denied, the claim typically proceeds through UM (or UIM if liability coverage exists but is not enough). The insurer will usually request documentation (medical records, wage information if relevant, and crash details) and may require specific forms or statements consistent with the policy and the UM statute.

Exceptions & Pitfalls

  • No police report does not end the claim: A hospital record helps prove injury and timing, but it usually does not identify the at-fault driver or insurer. The claim often turns on quickly building independent proof of how the crash happened and who was involved.
  • Missing UM notice/reporting requirements: Unknown-driver UM claims can fail if the required reporting and notice steps are not followed. Even when injuries are serious, insurers often scrutinize whether the statutory and policy conditions were met.
  • Relying on the other driver’s statements: A driver may give an incorrect insurer name, a lapsed policy, or a policy that does not cover the driver/vehicle. Verification usually requires insurer confirmation, a crash report, and sometimes formal legal tools (like subpoenas) once a lawsuit is filed.

Conclusion

In North Carolina, an injury crash should be reported to the appropriate law enforcement agency so an investigation and report can document the parties and insurance information, and drivers have a duty to provide identifying information after a crash. When the other driver’s identity or insurance cannot be confirmed (or coverage is denied), the practical next step is usually to preserve an uninsured motorist claim by giving prompt notice and following the UM reporting requirements, including the 24-hour (or as soon as practicable) report rule for unknown-driver situations. The most important next step is to file a report and give UM notice promptly.

Talk to a Wrongful Death Attorney

If a crash led to a hospital visit and the other driver’s identity or insurance coverage is unclear, an attorney can help preserve evidence, track down coverage, and protect UM/UIM deadlines. 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.