Short Answer

In most North Carolina injury claims, meaningful settlement negotiations usually start after you finish treatment (or reach a stable point) and your attorney has your complete medical records and itemized bills. That is when a demand package can be sent to the insurance adjuster with proof of injuries, treatment, and costs. The insurer may be contacted earlier to open the claim and confirm coverage, but “real” negotiating typically waits until the damages picture is clear.

Understanding the Problem

If you are hurt in North Carolina and you want to know when the insurance adjuster will be contacted to start negotiating your settlement, the key issue is timing: do you negotiate now, or do you wait until your medical treatment is finished so the claim can be valued accurately? In your situation, one important detail is that you are currently receiving chiropractic care.

Apply the Law

North Carolina law does not require an insurance company to begin settlement negotiations by a specific date in a typical third-party bodily injury claim. Practically, negotiations become productive when the claim can be supported with documentation: medical records, itemized bills, proof of lost time (if any), and a clear explanation of how the crash caused the injuries. That is why many claims follow a “treatment first, demand second” approach—because once a demand is sent, new treatment or new bills can complicate the timeline and can give the insurer arguments to delay, discount, or re-evaluate the claim.

Even if negotiations wait, your attorney can still contact insurers early to confirm the correct adjuster, identify applicable coverages, and make sure the claim is properly opened. The main legal timing pressure is the statute of limitations for filing a lawsuit. If negotiations stall, filing suit before the deadline preserves your claim.

Key Requirements

• Coverage and the right insurer: The claim needs to be directed to the correct liability carrier (and sometimes other coverages may apply), with a confirmed claim number and adjuster.
• Proof of injury and causation: Medical records should connect the accident to the symptoms, diagnosis, and treatment plan.
• Complete, itemized damages: Negotiations work best when you have final (or near-final) medical bills and a clear treatment timeline.
• Consistent treatment narrative: Gaps in care can become a negotiation issue if they are not explained and documented.
• A written demand: Many settlements move when a demand package sets out liability, injuries, treatment, and the amount requested, with supporting documents attached.
• Deadline awareness: If the statute of limitations is approaching, the strategy may shift from “wait for treatment to end” to “protect the filing deadline.”

What the Statutes Say

• N.C. Gen. Stat. § 1-540.2 (Property damage settlement does not automatically release bodily injury claims) - Confirms that settling vehicle damage does not, by itself, settle the injury claim unless the written settlement says so.
• N.C. Gen. Stat. § 7A-38.3A (Prelitigation mediation of certain insurance claims) - Allows an insurer (in certain situations) to initiate pre-suit mediation and provides tolling rules tied to that process.

Analysis

Apply the Rule to the Facts: Because your claim has already been opened using the police report, the “early contact” step is underway. The next meaningful negotiation step typically comes after you finish chiropractic treatment (or reach a stable point) so your attorney can request and receive complete records and itemized bills, then send a demand package to the adjuster. Your recent short break in treatment due to travel is the kind of fact that should be clearly documented, because insurers often scrutinize gaps when evaluating whether treatment was necessary and related to the crash.

Process & Timing

1. Who files: No court filing is required to start negotiations; your attorney (or you) submits the claim. Where: With the at-fault driver’s insurance carrier (and any other applicable carriers). What: A claim notice (often supported by the crash report) and later a written demand package with medical records and itemized bills. When: Often right away to open the claim; the demand commonly goes out after treatment ends or stabilizes.
2. Records and bills phase: After you finish treatment, your attorney requests records and billing from providers. This can take time because providers often have separate departments for records vs. billing, and they may need signed authorizations.
3. Demand and negotiation phase: Once the demand is sent, the adjuster reviews it, may ask follow-up questions, and then negotiations begin in earnest. If the insurer disputes liability, causation, or the reasonableness of care, negotiations can slow down.

Exceptions & Pitfalls

• Gaps in treatment: A break in care can be used to argue you were improving, the injury was minor, or something else caused later symptoms. Clear documentation (like travel) helps reduce that risk.
• Negotiating too early: If you negotiate before you know the full treatment course, you may undervalue the claim or create delays when new bills arrive after a demand is sent.
• Signing the wrong release: Be careful with paperwork tied to property damage payments. A bodily injury release can end the injury claim if you sign it.
• Incomplete demand package: Missing itemized bills, missing records, or unclear timelines often lead to lower offers or repeated requests for “one more document.”
• Deadline pressure: If the statute of limitations is approaching, your attorney may need to file suit to preserve the claim even if treatment is ongoing.

Conclusion

In North Carolina, settlement negotiations usually become productive after you finish treatment (or reach a stable point) and your attorney has complete medical records and itemized bills to support a written demand. Early contact may happen to open the claim and confirm coverage, but most negotiating starts once damages can be documented and explained. Next step: have your attorney send a complete demand package to the adjuster after treatment ends, while tracking the statute of limitations so a lawsuit can be filed on time if needed.

Talk to a Personal Injury Attorney

If you’re dealing with an injury claim and you’re unsure when negotiations should start (especially with ongoing treatment and a gap in care), our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call CONTACT NUMBER.

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.