What happens if the insurance company keeps delaying and won’t make a reasonable offer?
What happens if the insurance company keeps delaying and won’t make a reasonable offer? - North Carolina
Short Answer
In North Carolina, an insurance company can negotiate hard, but it cannot use delay tactics that effectively stall a valid claim forever. If negotiations are dragging on and no reasonable offer is coming, the practical next step is often to set firm deadlines, escalate within the carrier, and—before the statute of limitations runs—file a lawsuit so a court schedule (and formal discovery) forces the case forward. In some situations, an “unwarranted refusal” to negotiate or pay can also support an attorneys’ fee request after a judgment in a qualifying case.
Understanding the Problem
If you have a North Carolina personal injury claim and the insurance adjuster keeps pushing your demand to “next week” without responding—especially after you have already resubmitted a demand after the holidays—you are really asking one focused question: can the insurer keep delaying settlement talks, and what can you do to move the claim toward a real offer before your time to sue runs out?
Apply the Law
Most personal injury claims settle through negotiation, but settlement is voluntary—meaning an insurer is not required to make an offer just because you ask for one. What North Carolina law does provide is leverage points when delay becomes unreasonable: (1) you can file suit to enforce your underlying injury claim and put the case on a court-controlled timeline, and (2) in certain smaller-damages cases, a judge may award attorneys’ fees after a judgment if the insurer’s refusal to negotiate or pay was “unwarranted” and other statutory conditions are met. Separately, North Carolina also has a prelitigation mediation option that an insurer can initiate in some cases, and that filing can temporarily pause (toll) limitation periods while mediation is pending.
Key Requirements
There must be time left to sue: If the statute of limitations is approaching, delay in negotiations does not stop the clock by itself, so filing suit may be necessary to preserve the claim.
Documented negotiation history matters: A clear paper trail (demands, medical records sent, follow-ups, and deadlines) helps show whether the insurer is negotiating in a reasonable way or simply stalling.
Litigation changes the playing field: Once a lawsuit is filed, the insurer must respond through counsel, and the case proceeds under court rules (deadlines, discovery, motions, and trial settings).
Fee-shifting is limited and fact-specific: In certain personal injury/property damage cases with a recovery of $25,000 or less, a judge may award attorneys’ fees if there was an unwarranted refusal to negotiate or pay and other requirements are satisfied.
Mediation can be a structured next step: In some situations, prelitigation mediation may be initiated by the insurer and can temporarily toll time periods while the mediation is pending.
Apply the Rule to the Facts: Here, the key issue is not that negotiations are happening—it is that the adjuster has not responded after a resubmitted demand and updated offers, and the delay has stretched from the summer into after the holidays. That pattern is exactly when your attorney typically focuses on (1) preserving the lawsuit deadline, and (2) creating a clear record of follow-ups and reasonable response deadlines so the insurer cannot later claim it lacked information or time to evaluate.
Process & Timing
Who files: The injured person (plaintiff), through counsel. Where: North Carolina Superior Court or District Court in the county where venue is proper (often where the crash happened or where a defendant resides). What: A civil Complaint and Summons starting the lawsuit. When: Before the applicable statute of limitations expires (your attorney will calculate the exact deadline based on the claim type).
Next step: The defendant(s) must be served, and the insurer typically assigns defense counsel. The case then moves into formal litigation steps like written discovery, depositions, and (often) court-ordered mediation. Timeframes vary by county and by how contested liability and medical issues are.
Final step: The case resolves by settlement or trial. If you obtain a judgment in a qualifying case, your attorney can evaluate whether to request attorneys’ fees under the statute that applies to certain personal injury/property damage suits.
Exceptions & Pitfalls
“No offer” is not automatically illegal: An insurer can dispute liability, causation, or damages and still be within its rights; the leverage usually comes from filing suit and proving the case.
Incomplete demand packages slow evaluation: If medical records, bills, wage documentation, or proof of future treatment needs are still missing, insurers often delay or make low offers. A clean, updated demand package reduces that excuse.
Waiting too long to litigate: The biggest mistake is assuming the insurer will “eventually” be reasonable and letting the filing deadline approach without a plan.
Fee-shifting has strict limits: Attorneys’ fees under N.C. Gen. Stat. § 6-21.1 require specific findings and only apply in certain cases (including a damages cap and timing/offer requirements). It is not automatic and usually cannot be evaluated until after a judgment.
Mediation tolling is specific: Tolling under the prelitigation mediation statute is tied to a formal request for mediation and the mediator’s certification; informal negotiation pauses do not necessarily stop deadlines.
Conclusion
If the insurance company keeps delaying and will not make a reasonable offer, the practical answer in North Carolina is to stop relying on open-ended negotiations and use tools that create deadlines—most importantly, filing a lawsuit before the statute of limitations expires so the case moves on a court-controlled schedule. In limited cases, an unwarranted refusal to negotiate or pay can also support a request for attorneys’ fees after a judgment. The next step is to have your attorney calendar the filing deadline and file the complaint on time if negotiations remain stalled.
Talk to a Personal Injury Attorney
If you’re dealing with an insurance claim that keeps getting delayed with no meaningful settlement response, our firm has experienced attorneys who can help you understand your options and timelines, including when it makes sense to escalate or file suit to protect your claim. Reach out today. Call 704-343-6000.
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.
