What happens if the insurance company refuses to increase their final offer?: North Carolina Personal Injury
What happens if the insurance company refuses to increase their final offer? — North Carolina
Short Answer
In North Carolina, if the liability insurer won’t raise its final offer, your choices are to accept it, provide new information to justify more, or file a lawsuit against the at‑fault person before the legal deadline. You generally cannot force the other driver’s insurer to pay more or sue that insurer directly. Filing suit starts formal discovery, usually leads to court‑ordered mediation, and, if still unresolved, a judge or jury decides your damages. Special steps apply if underinsured motorist (UIM) coverage may be involved.
How North Carolina Law Applies
In a third‑party claim (like a car crash), the insurer owes duties to its policyholder, not to you. If negotiations stall, North Carolina law lets you seek full damages by suing the at‑fault person; their insurer then hires a defense lawyer and may pay any settlement or judgment up to policy limits. You must file suit before the statute of limitations expires. If UIM coverage might apply, you must follow consent‑to‑settle rules to avoid losing UIM benefits.
Key Requirements
Legal deadline (statute of limitations): Most personal injury claims have a limited filing window. Missing it can bar your claim entirely.
Negligence and damages: You must prove the other party was negligent and that their negligence caused your injuries and losses. North Carolina follows contributory negligence—if a jury finds you even slightly at fault, you could recover nothing, unless a narrow exception applies.
Policy limits and assets: An insurer cannot pay more than its policy limits. If your losses exceed limits, you may look to UIM coverage or the defendant’s personal assets.
Liens and reimbursements: Medical providers and certain payers can assert liens that must be resolved from any recovery.
UIM consent‑to‑settle: If you settle with the liability insurer without required UIM consent, you could forfeit UIM benefits.
Process & Timing
Final demand and evaluation: Share any new treatment records, bills, wage documentation, or expert opinions. Ask the adjuster for a written basis for the final offer.
Decision point: Accept the offer or prepare to sue. Calendar all deadlines.
File the lawsuit: File a complaint against the at‑fault person in the proper North Carolina court and serve them with process. The insurer will appoint defense counsel.
Discovery: Exchange documents, take depositions, and gather evidence of liability, injuries, and damages.
Mediation or court‑ordered settlement conference: Most civil cases go to mediation before trial. Many cases settle here once both sides see the evidence.
Pre‑trial and trial: If still unresolved, a judge or jury decides fault and damages. Either party may appeal limited issues.
Post‑recovery issues: Resolve medical liens and insurer reimbursements before distribution.
What the Statutes Say
North Carolina Gen. Stat. § 1-52: Sets a three‑year limitations period for many personal injury claims; missing it can bar the claim.
North Carolina Gen. Stat. § 58-63-15(11): Lists unfair claim settlement practices. These standards guide insurer conduct, but third‑party claimants typically cannot sue a liability insurer directly under this statute.
Contributory negligence: If you are found even slightly at fault, you may recover nothing. Strong evidence and clear explanations of the other party’s fault are critical.
UIM consent: Settling with the liability insurer without required UIM consent can void UIM benefits. Get written consent or follow the statutory tender procedure.
Deadlines: Do not let the statute of limitations lapse while negotiating. File suit on time if you cannot settle.
Liens and reimbursements: Medicare, Medicaid, and provider liens can reduce your net recovery if not handled correctly.
Overbroad releases: Read releases carefully. Some forms attempt to waive future claims or unrelated parties.
Recorded statements and broad authorizations: Giving unnecessary statements or blanket medical authorizations can hurt your claim.
Evidence gaps: Inconsistent treatment, missing wage proof, or sparse documentation can keep offers low.
Helpful Hints
Ask the adjuster for a written explanation of the final offer and what evidence could change it.
Close proof gaps: obtain complete medical records/bills, a treating provider’s causation note, and clear wage loss documentation.
Set hard calendar reminders for your filing deadline; do not assume negotiations will pause the clock.
If UIM may apply, notify your UIM carrier early and follow consent‑to‑settle procedures.
Prepare for mediation: organize exhibits that show fault, treatment, and the impact on work and daily life.
Keep communications professional and in writing when possible; confirm key points by email or letter.
Talk to a Personal Injury Attorney
If you’re facing a “final” offer that won’t budge, our firm can evaluate your claim, protect your deadlines, and position your case for mediation or trial. Call us today at 919-313-2737.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.
