Short Answer

In North Carolina, you can reject a low settlement and continue negotiating or file a lawsuit. Saying “no” does not waive your claim, but the statute of limitations continues to run. The insurer may increase, hold, or withdraw the offer, and you’ll need solid proof of fault, medical treatment, and damages to justify more. If negotiations stall, you can sue to keep leverage and protect deadlines.

Understanding the Problem

You want to know whether you can refuse your insurer’s low offer and hold out for a higher settlement in North Carolina personal injury negotiations. The core decision is whether to reject the offer now and keep negotiating or move toward filing a lawsuit in the General Court of Justice. You suffered soft tissue injuries and have substantial medical bills.

Apply the Law

Under North Carolina law, rejecting an insurer’s offer leaves your claim open for further negotiation until you sign a release or a court resolves the case. You must still track the statute of limitations for filing suit. If you file a lawsuit in the proper county, the court process (including discovery and mediation) often brings additional settlement movement. To support a higher number, you need clear evidence of liability, consistent medical documentation, and accurate damage totals. If underinsured motorist coverage may apply, special notice and consent rules can affect whether you can accept or reject liability offers.

Key Requirements

• Liability proof: Show the other party was at fault with police reports, photos, witness statements, and similar evidence.
• Causation and treatment: Connect the injuries to the crash with prompt, consistent medical care and provider records.
• Damages documentation: Provide itemized bills, treatment summaries, wage loss proof, and out-of-pocket costs.
• Protect the deadline: File suit before the personal injury statute of limitations expires if negotiations stall.
• Liens and subrogation: Identify and address medical provider liens and health plan reimbursement claims before disbursement.
• UM/UIM coordination (if applicable): Follow notice/consent steps with your own carrier before accepting or rejecting liability-limit offers.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitation of actions) - Most negligence-based personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists practices insurers must avoid when handling claims.
• North Carolina Gen. Stat. § 20-279.21(b)(4) (UM/UIM coverage) - Sets key rules for uninsured/underinsured motorist claims, including consent-to-settle issues.

Analysis

Apply the Rule to the Facts: You can refuse the low lump-sum offer and continue negotiating because you have soft tissue injuries and substantial medical bills that need full documentation. To justify more, gather complete records, bills, and proof of impact on work and daily life. Track the three-year filing deadline and be ready to file in court if talks stall. Your firm’s lien negotiations can help ensure more of any increased settlement reaches you.

Process & Timing

1. Who files: The injured person (through counsel). Where: First with the insurer; if needed, file a lawsuit in the General Court of Justice through the Clerk of Superior Court, Civil Division, in the county where the defendant resides or where the crash occurred. What: Updated demand with records; if suit is filed, a Complaint and Civil Summons (AOC‑CV‑100). When: Aim to resolve or file suit before the three‑year statute of limitations.
2. After filing, the defendant typically has 30 days (often extended) to answer. Discovery and court‑ordered mediation commonly occur within several months, which can spur better offers.
3. Resolution occurs by settlement and release or, if not resolved, trial and judgment. Settlement funds are disbursed after lien and reimbursement issues are addressed.

Exceptions & Pitfalls

• Contributory negligence: If you’re found even slightly at fault, recovery can be barred; insurers may lean on this to hold a low offer.
• Releases and partial settlements: Do not sign a release that unknowingly waives future claims or UIM rights.
• UM/UIM consent: Before accepting or rejecting a liability‑limits offer, follow your UM/UIM policy’s notice and consent steps to preserve coverage.
• Documentation gaps: Delays in treatment, missing records, or inconsistent complaints can stall or reduce offers.
• Liens and reimbursements: Mishandling provider or health plan claims can delay payment or expose you to separate collection.

Talk to a Personal Injury Attorney

If you're dealing with a low settlement offer and growing medical bills, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.