Legal Question in Insurance Law in North Carolina

I am asking this question for my sister how has been battleing cancer and want to help her but am currently unemployed and can only hope that I recieve an answer, but understand if i do not.

My brother in law was rearended in n c by a truck that 1 never stopped, 2 had stolen plates, and 3 crossed state line, we both have the same insurence co here in ga I was told that a hit and run is covered under uninsured motorest however he was told its not in n c. So my question is with the same company does the law differ even under these under theses conditions? The zip where he is is 27320

Asked on 6/30/10, 2:19 pm

1 Answer from Attorneys

I am sorry for your sister's illness, but I really need to speak to your brother-in-law and cannot discuss his legal issues with you. Just so I understand - your brother-in-law's vehicle is insured in NC and the accident occurred in NC, right?

I am assuming, based on the facts you described, that the at fault driver disappeared and that his identity is unknown. How then do you know that it had stolen plates and crossed state lines? Assuming that your brother-in-law somehow got the plate number and that came back as a stolen plate, coverage would be denied by the insurer of the vehicle to which the plate belonged and your brother-in-law would file a claim under his own NC policy for uninsured motorist coverage.

I do not understand what you mean that the law of Georgia is different. Uninsured motorist coverage exists whenever the driver of the vehicle that hit your brother-in-law is uninsured. The only exception I can think of, without actually reviewing the policies, is that in NC, a driver is not required to buy uninsured motorist coverage. If your brother-in-law did not buy such insurance and you did, that would explain why you have the coverage and he does not.

And yes, each state regulates insurers and has different laws. I suggest that your brother-in-law carefully review the declarations page of his automobile liability policy to determine whether he paid for uninsured motorist coverage and, if so, to see how uninsured motorist is defined under the policy. It is the language of the policy that will control here.

If your brother-in-law's insurer is wrongfully denying his claim, then he may want to either file a complaint with the NC Insurance department or consult an attorney who handles "bad faith" insurance claims. I do not do this type of work, however, I will be happy to review his policy for a reasonable fee if he contacts me.

Rachel Hunter

Attorney at Law

[email protected]


Admitted in GA, PA & NC

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Answered on 6/30/10, 7:53 pm

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