Short Answer

In a North Carolina personal injury claim, once your attorney sends a settlement demand, the insurance adjuster typically reviews liability, your medical records and bills, lost income documentation, and any supporting evidence before responding. There is no single statewide law that forces an insurer to respond to a demand within a specific number of days in every case, so response times vary. Many claims get an initial response within a few weeks, but it can take longer if records are missing, the adjuster needs supervisor approval, or liability is disputed.

Understanding the Problem

In North Carolina, if you are the injured person (the claimant) and your attorney has not yet sent the demand because the office is still waiting on medical bills and records, it is normal to wonder what happens once the demand finally goes out and when you should expect to hear back from the insurance company.

Apply the Law

Under North Carolina law, most injury claims are resolved through negotiation before a lawsuit is filed, and a “demand” is the formal written request that the insurer pay a specific amount to settle. The demand package usually includes a summary of how the incident happened, why the insured is responsible, and proof of damages (especially medical records and bills). After the demand is sent, the insurer evaluates the claim and either accepts, denies, or responds with a counteroffer, and negotiations may continue until the parties settle or the claimant files suit before the statute of limitations expires.

Key Requirements

• A complete demand package: Insurers commonly want the key medical records and itemized bills that match the treatment you received, plus any proof of lost wages and out-of-pocket expenses.
• A clear liability position: The adjuster evaluates whether their insured is legally at fault and whether any defenses apply.
• Documented damages: The demand should connect your injuries to the incident and explain the impact (treatment course, restrictions, and recovery), supported by records.
• Time remaining before the filing deadline: Settlement talks do not stop the statute of limitations from running, so the claim must be positioned to file suit on time if negotiations stall.
• Authority to settle: Adjusters often need internal approval (sometimes multiple levels) before they can offer certain amounts, which can add time.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation; personal injury) - In many personal injury cases, you generally have three years to file a lawsuit, and settlement negotiations do not extend that deadline.
• N.C. Gen. Stat. § 143-299 (Claims against State agencies; time limit) - If the claim involves a North Carolina State agency, different procedures and timing rules can apply.

Analysis

Apply the Rule to the Facts: Here, the main reason the demand has not been sent is practical: the firm is still waiting on medical bills and records from treatment providers, and the office plans to send a pre-demand verification for your review before issuing the demand. That step matters because the insurer’s evaluation usually depends on complete documentation, and missing bills/records often leads to delays, denials, or low initial offers. Once the demand is sent with the supporting records, the adjuster can meaningfully evaluate liability and damages and respond with a position or counteroffer.

Process & Timing

1. Who files: Your attorney. Where: Sent to the at-fault party’s insurance carrier/adjuster handling the claim in North Carolina. What: A written settlement demand package (often preceded by a pre-demand verification for you to confirm treatment dates, providers, and expenses). When: Typically after treatment stabilizes or enough records exist to document the injury and costs, and with close attention to the three-year lawsuit deadline in many injury cases.
2. Insurer review: The adjuster reviews the demand, checks coverage, evaluates fault, audits the medical records/bills, and may request missing items or clarifications. This stage often takes weeks, but can take longer if records are incomplete, the adjuster has a heavy caseload, or the claim needs supervisor approval.
3. Response and negotiation: The insurer typically responds by (a) accepting, (b) denying, or (c) making a counteroffer. If there is a counteroffer, negotiations may go back and forth until the parties settle or the attorney recommends filing suit to protect the deadline.

Exceptions & Pitfalls

• Incomplete medical documentation: If bills or records are missing (or do not match the provider list and dates), the adjuster may delay, dispute charges, or claim they cannot evaluate the demand yet.
• Ongoing treatment: If you are still actively treating, the insurer may argue the claim value is uncertain, which can slow meaningful negotiations.
• Liability disputes: If fault is contested, the insurer may take longer to respond or may deny outright while they investigate.
• Waiting too close to the filing deadline: A common mistake is assuming “we’re negotiating” means you can wait. If the statute of limitations is approaching, your attorney may need to file suit to preserve the claim.
• Different rules for government-related claims: Claims involving State agencies (and some other public entities) can have different procedural requirements and timelines, so the demand/response rhythm may not look like a standard auto or premises claim.

Conclusion

After a settlement demand is sent in a North Carolina personal injury claim, the insurance adjuster reviews liability and the documentation of your damages—especially complete medical records and itemized bills—before responding with an acceptance, denial, or counteroffer. There is no universal statewide response deadline for every demand, so hearing back can take weeks and sometimes longer if records are missing or approvals are needed. The key legal backstop is the filing deadline: in many cases, you must file suit within three years. Next step: make sure the demand package is complete and sent with enough time to file before that deadline.

Talk to a Personal Injury Attorney

If you're dealing with a personal injury claim where a demand is pending and you are not getting updates, our firm has experienced attorneys who can help you understand the next steps, what information is still needed, and how to protect your timeline. 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.