Short Answer

Yes. In North Carolina, you can ask the insurance company to route the file to a claims supervisor (or a manager) when the assigned adjuster is unavailable or not responding. Escalation is not a formal court process, but it is a practical step that often gets the claim moving. If delays continue, your next options usually involve a written demand with a deadline and, when appropriate, filing a complaint with the North Carolina Department of Insurance or filing suit before any legal deadline expires.

Understanding the Problem

If you are negotiating a North Carolina personal injury settlement and the assigned claims representative is out of the office, can you ask the insurer to have a supervisor respond to your counteroffer so negotiations can move forward?

Apply the Law

North Carolina does not require an insurance company to settle a claim just because a demand or counteroffer is pending. But insurers must handle claims in good faith and avoid certain unfair claim-handling practices. When an adjuster is unavailable, requesting supervisor review is a reasonable, common step to keep negotiations from stalling and to create a clear record of your attempts to resolve the claim.

If the delay becomes unreasonable or looks like a pattern of non-response, the issue can shift from “negotiation strategy” to “claim-handling conduct.” At that point, North Carolina law may allow additional remedies depending on the facts, and you may also have an administrative complaint option through the North Carolina Department of Insurance. Separately, you must still protect the underlying personal injury claim by filing suit before the statute of limitations runs, even if negotiations are ongoing.

Key Requirements

• Clear written follow-up: Put your counteroffer and request for a response in writing (email/letter) and keep a clean paper trail.
• Request the right decision-maker: Ask for a claims supervisor/manager (or the adjuster’s backup) to be assigned while the adjuster is out.
• Reasonable deadline: Give a specific response date so the insurer cannot claim the timing was open-ended.
• Complete settlement package: Make sure the insurer has the documents it needs to evaluate the claim (medical records/bills, wage proof if applicable, liability facts), so “we’re waiting on something” does not become the reason for delay.
• Protect legal deadlines: Do not let negotiations push you past the statute of limitations for filing a lawsuit.
• Escalate further if needed: If internal escalation fails, consider an administrative complaint and/or litigation steps based on the case posture.

What the Statutes Say

• N.C. Gen. Stat. Chapter 58 (Insurance) - North Carolina’s insurance statutes include standards that can apply to claim-handling conduct, depending on the type of policy and claim.
• N.C. Gen. Stat. § 75-1.1 (Unfair or deceptive acts or practices) - Declares unfair or deceptive acts in or affecting commerce unlawful; in some situations, claim-handling conduct can intersect with Chapter 75 issues.

Analysis

Apply the Rule to the Facts: Here, counsel is trying to finalize settlement negotiations and is following up on prior counteroffers, but the assigned claims representative is out of the office. That is a classic situation where asking for a supervisor (or backup adjuster) is appropriate because it targets the “right decision-maker” requirement and helps avoid open-ended delay. A written escalation request also strengthens the record that you acted reasonably and consistently tried to move the claim toward resolution.

Process & Timing

1. Who files: The claimant (or the claimant’s attorney). Where: With the insurance company’s claims department (and, if needed, the insurer’s general claims email/portal). What: A written escalation request referencing the claim number and the last offer/counteroffer. When: After a reasonable follow-up period without a response, and immediately if you are facing a firm deadline (like an expiring demand or an approaching statute of limitations).
2. Next step: If there is still no response, send a second written follow-up that (a) confirms the adjuster is out, (b) repeats the request for supervisor review, and (c) sets a clear response deadline. In many cases, you should also confirm whether the insurer needs any specific documents to evaluate the counteroffer.
3. Final step: If internal escalation does not work, consider (1) an administrative complaint to the North Carolina Department of Insurance about communication/handling, and/or (2) filing a lawsuit to preserve the claim while negotiations continue through counsel.

Exceptions & Pitfalls

• “Out of office” is not always improper delay: A short gap while an adjuster is away is common; the problem is an open-ended lack of response with no backup contact.
• Missing documentation slows everything: If the insurer does not have key records (or a signed authorization it reasonably needs), escalation may not help because the supervisor will still be waiting on the same items.
• Multiple claimants can add complexity: When one attorney represents multiple claimants, insurers sometimes require clarity on allocation, liens, or releases; if those issues are unresolved, the insurer may delay responding until it understands the settlement structure.
• Do not rely on verbal assurances: If someone says “we’ll get back to you,” confirm it in writing and restate the deadline you need.
• Do not miss the filing deadline: The biggest avoidable mistake is waiting for a negotiation response and losing the right to sue.

Conclusion

Yes—if you cannot get a response from the assigned adjuster in North Carolina settlement negotiations, you can and often should ask the insurer to escalate the file to a claims supervisor or backup adjuster. Escalation works best when you make the request in writing, reference the claim number and the last counteroffer, and give a clear response deadline. Your most important next step is to send a written escalation request now and calendar the statute of limitations so you can file suit on time if negotiations stall.

Talk to a Personal Injury Attorney

If you’re dealing with an insurance claim where settlement negotiations are stalling because the adjuster is not responding, a personal injury attorney can help you push the process forward while protecting critical deadlines. Reach out today.

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.