Short Answer

There is no fixed timeline in North Carolina. Straightforward uninsured motorist (UM) claims can resolve in months, but a coverage dispute between insurers often adds many months for investigation and, if needed, a court ruling to decide who pays. Regardless of insurer delays, you generally must file suit within three years of the crash and, if you sue, serve your UM insurer as North Carolina law requires.

Understanding the Problem

In North Carolina, you want to know how long your UM claim will take when insurers disagree about who must pay. You were hurt by a driver with no valid insurance, and it has been over a year without an offer. The core question is how long a UM claim lasts when your insurer and the other side’s insurer are disputing coverage and priority.

Apply the Law

North Carolina UM coverage pays when an at-fault vehicle is uninsured. When carriers dispute coverage (for example, whether a vehicle was truly uninsured, which policy is primary, or how multiple policies stack), the dispute can be resolved by negotiation, a separate court action to determine coverage, or alongside your injury lawsuit. If you file suit for your injuries, you typically sue the at-fault driver in Superior Court and must serve your UM insurer so it can participate. Most injury claims must be filed within three years of the crash. Courts frequently require mediation before trial.

Key Requirements

• Uninsured status: The at-fault vehicle must qualify as uninsured under your policy and state law.
• Policy notice and cooperation: Give prompt notice, share required information, and follow your policy’s cooperation terms.
• Proper lawsuit and service: If you sue the at-fault driver, file in time and serve your UM insurer so it can defend its interests.
• Court can decide coverage: A declaratory judgment in Superior Court can resolve which insurer must pay and in what order.
• Mediation before trial: Superior Court civil cases are commonly ordered to mediation, which adds scheduling steps but can speed resolution.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM) - Sets UM coverage requirements and the insurer’s rights, including participation when you sue the at-fault driver.
• North Carolina Gen. Stat. § 1-254 (Declaratory judgments) - Allows a court to decide coverage questions between interested parties.
• North Carolina Gen. Stat. § 7A-38.1 (Mediated settlement conferences) - Authorizes court-ordered mediation in Superior Court civil cases.

Analysis

Apply the Rule to the Facts: Here, the at-fault driver had no valid insurance, so your UM coverage is in play. Because the insurers disagree about who must pay, expect added time for investigation and possibly a court decision on coverage. Even while carriers argue, you should track the three-year deadline from the crash to file a negligence lawsuit and ensure your UM insurer is served so it can participate as required.

Process & Timing

1. Who files: Injured person. Where: Superior Court in the county where the crash occurred or where the defendant resides. What: Civil Complaint and Civil Summons; sue the at-fault driver and serve your UM insurer pursuant to the UM statute. When: File before the general three-year personal injury deadline from the crash; serve the UM insurer before any judgment is entered.
2. Coverage dispute path: If insurers cannot agree, a party may file a declaratory judgment action in Superior Court to decide coverage and priority. Discovery, motions, and court scheduling can add several months; courts often set mediation within the case timeline.
3. Final step: Once coverage is resolved, negotiate damages with the participating insurer(s). If no settlement, proceed to trial. The outcome is a settlement agreement or a court judgment, after which the UM carrier pays up to policy limits as applicable.

Exceptions & Pitfalls

• Hit-and-run claims may require prompt reporting and independent corroboration to qualify for UM benefits; missing these steps can derail coverage.
• Failing to serve your UM insurer when you sue the at-fault driver can jeopardize UM coverage.
• Do not sign broad releases that could impair UM rights; have counsel review any release language.
• Multiple policies and stacking/priority issues can lengthen timelines; address them early through focused discovery or declaratory relief.
• Negotiations or coverage litigation do not pause the tort filing deadline; track and file on time.

Talk to a Personal Injury Attorney

If you're dealing with an uninsured motorist claim and the insurers are disputing coverage, 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.