Question 1

Does North Carolina allow UM/UIM stacking?

Accepted Answer

Partly, by statute. Limits for different vehicles under the same policy cannot be combined. If you are insured under more than one policy, you may combine the highest applicable limit under each policy, which applies to nonfleet private passenger vehicles (G.S. 20-279.21(b)(3) and (b)(4)).

Question 2

Is UIM required in North Carolina?

Accepted Answer

Yes. Every auto liability policy must include UM and UIM coverage, with UM limits equal to the highest bodily injury liability limit for any one vehicle on the policy, up to $1,000,000, and UIM limits equal to the UM limits. You may buy more or less, but not below the required liability minimums, now $50,000 per person and $100,000 per accident.

Question 3

When is a driver underinsured in North Carolina?

Accepted Answer

When the sum of the liability limits available is less than your total damages. UIM then applies from the first dollar beyond what the liability coverage paid, after those limits are exhausted by payment or tender, without a setoff for that payment (G.S. 20-279.21(b)(4)).

Question 4

What if I was partly at fault?

Accepted Answer

We found no comparative fault statute. North Carolina follows contributory negligence, from court decisions we did not read, which is widely described as barring recovery if you were negligent at all, with exceptions. Ask an attorney about your facts.

Question 5

How long do I have to sue?

Accepted Answer

Generally 3 years (G.S. 1-52(16)). For a person under 18 when the claim accrued, the time runs from the end of the disability (G.S. 1-17(a)). For an uninsured motorist claim you must give notice to your insurer 60 days before suing.

North Carolina UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

North Carolina requires UIM equal to UM, pays it from the first dollar beyond the other driver's coverage, and lets limits from separate policies add

North Carolina UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

North Carolina requires UIM equal to UM, pays it from the first dollar beyond the other driver's coverage, and lets limits from separate policies add

Go deeper

Related calculators