How Are Property Damage Claims Handled Separately from Bodily Injury Claims When the Same Adjuster Manages Both?
How North Carolina Insurers Handle Property Damage vs. Bodily Injury Claims When One Adjuster Oversees Both
Quick Answer
Even when the same insurance adjuster is assigned to your crash, North Carolina law requires the carrier to treat property damage and bodily injury as two distinct claims. Different coverage limits, proof requirements, deadlines, and settlement documents apply. You may settle the vehicle claim quickly without affecting— or releasing— your right to pursue compensation for medical bills, lost wages, and pain and suffering.
Why Are There Two Separate Claims?
Separate Coverage Limits: Liability policies must provide at least $30,000 per person / $60,000 per crash for bodily injury and $25,000 for property damage under N.C. Gen. Stat. § 20-279.5.
Different Proof: Vehicle repair estimates and diminished-value reports prove property damage, while medical records and wage statements prove bodily injury.
Timing: Cars must be repaired quickly so you can drive; medical recovery and future damages often remain unknown for months.
Releases: North Carolina law lets you sign a limited property-damage release without waiving your bodily injury claim (N.C. Gen. Stat. § 75-41).
How Property Damage Claims Work
The adjuster typically handles these tasks within days of the collision:
Liability Review. Confirms fault from the police report, photos, and statements.
Inspection & Estimate. A field appraiser or preferred body shop prepares a repair estimate or total-loss valuation.
Rental & Towing. The carrier must pay reasonable towing and loss-of-use costs (§ 20-279.21).
Payment & Title Transfer. You receive a two-party repair check or, for a total loss, the actual cash value and assistance transferring title.
Limited Release. You sign a release covering only vehicle damage. Read it carefully; it should not mention personal injuries.
How Bodily Injury Claims Work
The same adjuster opens a separate bodily-injury file, but the timeline is longer:
Medical Treatment. You finish treatment or reach maximum medical improvement (MMI).
Demand Package. Your lawyer compiles medical bills, records, wage verification, and a settlement demand.
Negotiation. The adjuster evaluates liability, damages, and available policy limits.
Settlement or Suit. If negotiations stall or the statute of limitations nears— three years from the crash under § 1-52(16)— you may file a lawsuit.
Full Release. Settlement concludes with a broad release of all bodily injury claims related to the crash.
Single Adjuster, Separate Files
North Carolina insurers often consolidate communication through one adjuster for convenience, but internal guidelines and state regulations require that:
The adjuster maintain separate claim numbers and reserve funds.
Any property-damage release presented to you must not reference personal injuries (§ 75-41).
They must not leverage quick property payments to pressure you into an early injury settlement— that is considered an unfair claims practice under § 58-63-15(11).
Key Deadlines
Claim Type
Typical Timeline
Legal Deadline
Property Damage
7–30 days after inspection
3-year negligence statute (§ 1-52)
Bodily Injury
Varies; usually after treatment
3-year negligence statute (§ 1-52)
Helpful Hints
Ask the adjuster to email two separate claim numbers— one for PD, one for BI.
Before signing any release, confirm it says “This release does not apply to any claims for personal injuries.”
Keep receipts for towing, rental, storage, and personal property damaged inside the car.
Do not settle your injury claim until you fully understand future medical needs and all liens (Medicare, health insurance, hospital) are addressed.
If the carrier delays payment for property damage longer than 30 days without a valid reason, send a written follow-up referencing § 58-63-15(11).
Bottom Line & Next Steps
North Carolina law clearly separates property damage and bodily injury claims—even when one adjuster handles both. Settling your vehicle claim should not jeopardize your right to full compensation for medical expenses, lost wages, and pain and suffering. Because adjusters protect the insurance company’s bottom line, having skilled legal guidance levels the playing field.
Have questions about your claim? Call our firm today at 919-313-2737 for a free, no-obligation consultation. Our dedicated North Carolina personal-injury attorneys can handle the paperwork, protect your rights, and fight for the compensation you deserve.
