How to pursue compensation when an insurer undervalues injury claims from a car accident?

Woman looking tired next to bills

How to Pursue Compensation When an Insurer Undervalues Your North Carolina Car-Accident Injury Claim

Quick Answer

If the insurance company’s offer does not cover your medical bills, lost wages, pain, and future needs, you can negotiate, invoke North Carolina’s Unfair Claim Settlement Practices statute, and file a lawsuit within the three-year statute of limitations. Document every loss, present a strong demand package, and be ready to litigate.

Why Insurers Undervalue Claims

  • Profit motive: Adjusters are trained to save their company money.
  • Missing documentation: Gaps in treatment or incomplete wage proof make a claim look weak.
  • Fault disputes: North Carolina’s strict contributory negligence rule bars any recovery if you are even 1% at fault.
  • Computer valuation: Many carriers use software that may ignore real-world pain and future treatment needs.

Step-by-Step Plan to Secure Full Compensation

1. Gather Comprehensive Evidence

Start by collecting every record that proves the full extent of your loss:

  • EMS and emergency-room records
  • Diagnostic imaging (MRI, CT, X-ray) and specialist notes
  • Physical-therapy logs and prescriptions
  • Written work restrictions and wage statements
  • Diary entries that show pain levels and lifestyle changes

2. Calculate the Claim’s True Value

Include:

  • Past medical bills (gross amounts, not just copays)
  • Future medical expenses based on physician recommendations
  • Lost wages and lost earning capacity
  • Non-economic damages such as pain, suffering, and loss of enjoyment of life

3. Build a Clear Liability Narrative

Because of contributory negligence, the insurer may deny your claim if it can pin even minimal fault on you. Strengthen liability with:

  • Crash-report diagrams and officer statements
  • Photographs or video of the scene
  • Witness affidavits
  • Downloadable event-data recorder (black box) information

4. Draft and Send a Formal Demand Package

Include a detailed letter, evidence index, and a deadline (usually 30 days) for a reasonable response. Cite North Carolina’s unfair-claims statute—N.C. Gen. Stat. § 58-63-15(11)—which prohibits insurers from:

  • Failing to acknowledge and act promptly upon communications
  • Not attempting in good faith to reach a fair settlement
  • Compelling claimants to litigate to recover what is plainly owed

5. Negotiate Aggressively—but Professionally

Follow up with phone calls and emails that reference every piece of evidence. Ask the adjuster to explain any deductions line by line. Document all conversations in a claim journal.

6. Invoke Policy Protections

If the at-fault driver’s liability limits are too low, explore underinsured motorist (UIM) coverage under N.C. Gen. Stat. § 20-279.21. Provide your carrier with written notice before settling the liability claim, or you may waive UIM benefits.

7. File a Complaint with the N.C. Department of Insurance

If the carrier violates § 58-63-15(11), submit an online complaint. While this will not directly award damages, it can push the adjuster toward a fair offer.

8. Litigate Before the Deadline

The statute of limitations for personal-injury claims is three years from the crash date (N.C. Gen. Stat. § 1-52(5)). File suit in the county where the wreck occurred or where any defendant resides. Once a lawsuit is filed, the insurer must turn the matter over to defense counsel, often triggering higher settlement offers.

Hypothetical Example

Imagine you were rear-ended in Durham. The adjuster offers $12,000, covering only your visible medical bills. You gather all PT records, a letter estimating $8,000 for future knee surgery, wage statements showing $4,500 in lost time, and a pain journal. Your demand totals $55,000. You cite § 58-63-15(11), file a Department of Insurance complaint, and prepare a lawsuit. Two weeks before trial, the carrier settles for policy limits of $50,000 plus $5,000 from your UIM policy.

Helpful Hints

  1. Start treatment immediately and follow your doctor’s plan—gaps lower claim value.
  2. Request itemized medical bills; insurers cannot discount charges without proof.
  3. Keep a claim diary noting pain levels, medications, and missed events.
  4. Never give a recorded statement without legal advice.
  5. Save repair estimates and photos; property damage photos can prove force of impact.
  6. Check your own auto policy for MedPay—it pays bills regardless of fault.

Act Now—Protect Your Rights

An undervalued claim can leave you paying for someone else’s negligence. North Carolina law gives you tools to fight back, but strict deadlines apply. Our firm has years of experience holding insurers accountable. Call us today at 919-313-2737 for a free consultation and let us pursue the full compensation you deserve.

Categories: 
close-link