Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. Stacking / Credit Rule Provisions
8. First Claim for Relief — Breach of Contract (UM/UIM Benefits)
9. Second Claim for Relief — Unfair and Deceptive Trade Practices (N.C.G.S. § 75-1.1)
10. Damages
11. Jury Demand
12. Prayer for Relief
13. Verification

Caption

IN THE GENERAL COURT OF JUSTICE

[SUPERIOR / DISTRICT] COURT DIVISION

[COUNTY NAME] COUNTY, NORTH CAROLINA

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is a citizen and resident of [COUNTY] County, North Carolina, and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company licensed to transact business in the State of North Carolina, which may be served at [INSURER ADDRESS / REGISTERED AGENT ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without bodily injury liability insurance / ☐ with bodily injury liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to N.C. Const. Art. IV, § 12.

5. The amount in controversy exceeds $25,000, placing this matter within the jurisdiction of the Superior Court Division.

6. Venue is proper in [COUNTY] County pursuant to N.C.G.S. § 1-82 because [☐ the cause of action arose in this county / ☐ Plaintiff resides in this county / ☐ Defendant maintains an office in this county].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY/TOWN], [COUNTY] County, North Carolina.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle and caused a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating at an excessive speed in violation of N.C.G.S. § 20-141
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely in violation of N.C.G.S. § 20-152
☐ Driving while impaired in violation of N.C.G.S. § 20-138.1
☐ Running a red light or stop sign
☐ Improper lane change
☐ Texting while driving in violation of N.C.G.S. § 20-137.4A
☐ Other: [________________________________]

10. Each such act or omission constituted negligence and was a proximate cause of Plaintiff's injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. ☐ Policies issued/renewed on or after July 1, 2025: Both UM and UIM coverage are mandatory under the amended N.C.G.S. § 20-279.21. No rejection is permitted. Minimum limits are $50,000/$100,000.

16. ☐ Policies issued/renewed before July 1, 2025: Plaintiff did not execute a valid written rejection of UM/UIM coverage. The prior minimum limits of $30,000/$60,000 apply.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for the full extent of damages sustained.

19. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

20. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

Stacking / Credit Rule Provisions

21. ☐ New Law (policies issued/renewed on or after 7/1/2025): Plaintiff's UIM coverage stacks on top of the at-fault driver's liability limits without any setoff or credit. Plaintiff's total available recovery is $[TORTFEASOR LIMIT] + $[UIM LIMIT] = $[TOTAL AVAILABLE].

22. ☐ Prior Law (policies issued/renewed before 7/1/2025): Plaintiff's UIM benefits are subject to a credit/setoff for amounts recovered from the tortfeasor's insurer. Plaintiff's net UIM recovery is $[UIM LIMIT] minus $[AMOUNT RECOVERED] = $[NET UIM AVAILABLE].

First Claim for Relief

Breach of Contract (UM/UIM Benefits)

23. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 22.

24. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

25. Plaintiff has performed all conditions and obligations required under the Policy, or performance has been excused or waived.

26. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

27. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim for Relief

Unfair and Deceptive Trade Practices (N.C.G.S. § 75-1.1)

28. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 27.

29. Defendant Insurer's conduct in handling Plaintiff's UM/UIM claim constitutes unfair or deceptive acts or practices in or affecting commerce in violation of N.C.G.S. § 75-1.1, including:

☐ Failing to acknowledge and act reasonably promptly upon the claim
☐ Refusing to pay the claim without conducting a reasonable investigation
☐ Failing to affirm or deny coverage within a reasonable time
☐ Failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement when liability was reasonably clear
☐ Compelling Plaintiff to institute this action to recover amounts due
☐ Other: [________________________________]

30. Defendant Insurer's unfair and deceptive acts proximately caused actual injury to Plaintiff.

31. Pursuant to N.C.G.S. § 75-16, Plaintiff is entitled to treble the amount of actual damages sustained.

Damages

32. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Permanent injury and disability: $[AMOUNT]
☐ Disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Treble damages under N.C.G.S. § 75-16
☐ Prejudgment interest (N.C.G.S. § 24-5)
☐ Attorney's fees under N.C.G.S. § 75-16.1
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable pursuant to N.C.G.S. § 1A-1, Rule 38.

Prayer for Relief

WHEREFORE, Plaintiff prays the Court for judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Treble damages for unfair and deceptive trade practices pursuant to N.C.G.S. § 75-16;
4. Reasonable attorney's fees pursuant to N.C.G.S. § 75-16.1;
5. Prejudgment interest pursuant to N.C.G.S. § 24-5;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and proper.

Verification

STATE OF NORTH CAROLINA
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being duly sworn, depose and say that I am the Plaintiff in the above-captioned action; that I have read the foregoing Complaint and that the facts stated therein are true to the best of my knowledge and belief.

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

Sworn to and subscribed before me this [____] day of [__________], [____].

Notary Public: [________________________________]
My Commission Expires: [__/__/____]

Respectfully submitted,

[ATTORNEY NAME], N.C. State Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], North Carolina [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — North Carolina

Sources and References

• N.C.G.S. § 20-279.21 — NC Legislature
• NC Updated Auto Insurance Coverage July 2025 — Slaughter & Lupton
• NC UM/UIM Law Changes — Hedrick Gardner