If you were injured in a North Carolina car accident, you may be trying to obtain the at-fault party's or your insurance's policy limits. This post discusses ways to get insurance policy limits from the insurance company.
In North Carolina, the at-fault driver should pay your medical bills, lost wages, and pain and suffering. The at-fault driver's insurance policy limits should be ascertained as soon as possible in a personal injury claim.
Why are insurance policy limits important in NC Car Accident Injury Cases?
After an injury in a car accident, you may have exorbitant medical bills, lost wages, and pain & suffering. The policy limits of the at-fault driver control who pays and how much will be paid for your injury.
If another party has injured you and they do not have car insurance, you will have to use your Uninsured Motorist (UM) coverage.
If the at-fault party does not have enough insurance coverage (and you carry it on your policy), you may have a claim for Underinsured Motorist Coverage (UIM).
North Carolina Motor Vehicle Law requires that automobile liability coverage be continuously maintained.
As of July 1, 2025, "for all new or renewed policies on or after that date, the minimum limits for bodily injury will be increased to $50,000 per person and $100,000 per accident, and the minimum limits for property damage will be increased to $50,000," (NC Department of Insurance).
Please note that until the at-fault party's policy renews after the July 1, 2025, minimum updates, it will still have the pre-July 2025 minimums, which were $30,000/ $60,000/ $25,000.00 (NC DOT).
Unfortunately, even with the increased North Carolina insurance minimums, there may not be enough to pay all your losses if your damages exceed the limits.
How to find out someone's insurance policy limits?
Obtaining policy limits from the at-fault party's insurance company can be difficult. This can be especially true when you were involved in a multiple-car accident or a catastrophic accident in which someone was severely injured.
1. Ask your own insurance company
Occasionally, your own insurance company can tell you the limits on the at-fault party's insurance policy. Insurance companies do not want to pay claims; if they can help you get money from another insurance company policy, they will.
Ask your own insurance adjuster if they know the policy limits of the at-fault party's insurance.
This step does not always work, but it is worth a shot.
2. Ask under N.C. General Statute § 58-3-33
If the at-fault party's insurance does not willingly disclose policy limits, you can attempt to request that they do so under § 58-3-33.
58-3-33 requires:
- An injured victim or someone who has sustained property damage under the policy must send the following to the insurance company by certified mail:
- A written request for policy limits and
- Written consent to all the person's medical providers to release the person's medical records for three years prior to the date of the accident, as well as all medical records pertaining to the claimed injury and
- Written consent to participate in mediation with the insurance company and
- Submit a copy of the accident report (police report) as well as a description of the events at issue that allows the insurer to make an initial determination as to the potential liability of their insured
The insurance company must provide the insurance limits within 30 days of receiving the above documents.
The mediation agreement is not the issue, but giving carte blanche access to your medical records is not always advisable.
Even if your medical records show that you had no preexisting injury, your personal health information that does not involve your injuries should be reviewed before giving this to the insurance company.
Unfortunately, a bad insurance adjuster (we have actually heard this) can try to argue that your diabetes caused their insured to T-bone you.
3. File Lawsuit
Another way to determine the insurance policy's limits is to file for litigation. Unfortunately, some insurance companies will not provide policy limit information until a lawsuit is filed and formal discovery is requested.
In addition to policy limits of known insurance coverage, asking about an umbrella policy or additional coverage in discovery can help open the door to additional compensation.
Litigation may seem like a drastic step to finding out this information, but if the insurance company does not tell you the policy limits, there are bound to be other issues to litigate in the case.
Legal Help for Your Personal Injury Claim
We represent car accident victims in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina.
By involving a personal injury attorney, we will request that the insurance company disclose its policy limits and resort to litigation if necessary to attain a fair accident settlement.
If you have questions about your North Carolina Car Accident Injury case, please call us today or start your free case review now!
