Short Answer

An insurance company may take a reasonable amount of time to investigate and evaluate a personal injury claim, but it should not simply ignore your attorney or use delay as a claim-handling tactic. Under North Carolina law, certain unfair claim settlement practices include, when committed with such frequency as to indicate a general business practice, failing to acknowledge and act reasonably promptly on claim communications. The biggest caveat is that claim discussions do not automatically extend the deadline to file a lawsuit.

What Notice From Your Attorney Should Usually Do

When your attorney notifies an insurer that you are represented, the insurer should usually communicate about the injury claim through your attorney rather than directly with you. That notice does not require the adjuster to settle the claim immediately. It also does not mean the insurer must accept liability, agree with the claimed injuries, or pay before reviewing the evidence.

But the notice should create a clear communication channel. In a Durham personal injury claim, your attorney may send a letter of representation, identify the claim number, provide contact information, request that the insurer preserve claim materials, and ask the assigned claims adjuster to direct future communications to the attorney.

If the adjuster does not respond, the issue is not usually whether one missed call is illegal. The practical question is whether the insurer is reasonably handling communications and moving the claim forward in light of the information it has received.

North Carolina Claim-Handling Rules That May Matter

North Carolina recognizes unfair claim settlement practices in N.C. Gen. Stat. § 58-63-15. In plain English, that statute identifies claim-handling conduct the State treats as unfair when committed with such frequency as to indicate a general business practice, including failing to acknowledge and act reasonably promptly on communications, failing to conduct a reasonable investigation, and failing to provide a reasonable explanation for a denial or compromise settlement offer.

That does not mean every delay creates a separate legal claim against an insurer. The type of insurance matters. A claim against your own insurer, such as medical payments coverage, uninsured motorist coverage, or underinsured motorist coverage, may raise different issues than a claim against the at-fault person’s liability carrier. Policy language, claim facts, coverage positions, and the insurer’s conduct all matter.

Still, when an adjuster is not responding, it is often useful for the attorney to keep communications in writing, ask for a status update, request the reason for any delay, and ask for the factual or policy basis for any denial or low offer. A clear written record can help separate a normal investigation from an unreasonable lack of action.

Reasonable Investigation Versus Improper Delay

Some delays are common in personal injury claims. For example, the insurer may be waiting for medical records, billing information, wage documentation, photographs, crash reports, witness statements, or clarification about how the injury happened. In a disputed liability case, the insurer may also be evaluating whether North Carolina’s contributory negligence defense could be raised.

North Carolina contributory negligence can create serious issues if the defense proves the injured person’s own negligence helped cause the injury. That is why evidence should address both what the other person did wrong and why the injured person acted reasonably.

Delay becomes more concerning when the insurer has the needed information but repeatedly fails to respond, refuses to explain what is missing, changes reasons for inaction, ignores updated medical or wage proof, or does not reassess the claim after receiving new documentation. An insurer’s evaluation should generally account for new information as the claim develops.

Information Your Attorney May Need to Push the Claim Forward

If your attorney is trying to reach the assigned claims adjuster, the most helpful next step is often making sure the claim file is complete and the communication history is organized. Useful items may include:

• The claim number, adjuster name, phone number, email address, and mailing address.
• A copy of the attorney’s letter of representation and proof it was sent.
• All letters, emails, portal messages, and voicemails with the insurer.
• Any written requests from the adjuster for records, authorizations, statements, or other documents.
• Medical records, medical bills, visit summaries, and discharge instructions you already have.
• Proof of missed work or income loss, if that is part of the claim.
• Photographs, videos, crash reports, incident reports, witness information, or repair documents.
• Any denial letter, reservation of rights letter, coverage letter, or settlement offer.

Keeping these materials together helps your attorney determine whether the insurer is waiting on something specific, whether the adjuster has enough information to evaluate the claim, and whether escalation may be appropriate.

Why the Lawsuit Deadline Still Matters

One of the most important points is that an insurer’s delay does not necessarily pause your legal deadline. For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 provides a three-year deadline for certain injury claims. This is a general timing rule, and some claims may have different deadlines depending on the facts.

Negotiating with an adjuster, leaving voicemails, sending records, or waiting for an insurer’s review does not automatically extend the time to file a lawsuit. If the deadline is getting close, your attorney may need to evaluate whether filing suit is necessary to preserve the claim, even if the insurer says it is still reviewing the matter.

Practical Steps When the Adjuster Is Not Responding

If the assigned adjuster is not communicating, your attorney may consider several practical steps. These steps do not guarantee a response, but they can create a cleaner record and help move the claim out of a stalled position:

1. Confirm representation and contact details. The attorney can resend the letter of representation, confirm the claim number, and ask that all communications go through counsel.
2. Ask what information is missing. A direct written request can force the issue: is the insurer waiting on medical records, wage proof, liability evidence, coverage review, or supervisor approval?
3. Supplement damages evidence promptly. If new medical bills, treatment records, or lost income documents become available, sending them promptly helps prevent the insurer from claiming it lacked updated information.
4. Request a written explanation. If the insurer denies the claim, makes a low offer, or refuses to evaluate, the attorney can ask for the factual, legal, or policy basis for that position.
5. Escalate when appropriate. If the adjuster remains unavailable, the attorney may ask for a supervisor or claims manager. Wallace Pierce Law has addressed similar issues in articles about escalating a stalled settlement communication and what to do when an insurer will not return calls.
6. Track the filing deadline separately. The claim calendar should not depend on the adjuster’s response time.

How This Applies to the Stated Situation

Here, the injured person is represented in an existing claim, and the attorney is trying to communicate with the assigned claims adjuster. That situation calls for documentation, not assumptions. The attorney may need to confirm that the adjuster received the representation notice, identify what has already been provided, and ask whether the insurer needs anything else to evaluate the claim.

If the claim is waiting on medical records, bills, wage proof, or liability evidence, the delay may be tied to missing information. If the insurer already has the key materials and still will not respond, the attorney may have grounds to escalate the file, request a written explanation, and evaluate whether the delay affects litigation strategy.

For a Durham injury claim, the local court deadline and the North Carolina statute of limitations should be tracked independently from the insurance negotiation. A stalled claim file should not be allowed to become a missed legal deadline.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help with this type of issue by reviewing the claim status, organizing the communication record, identifying missing documents, and contacting the insurer in a way that creates a clear written timeline. The firm can also help evaluate whether the delay appears tied to ordinary investigation, disputed liability, missing damages proof, coverage questions, or a more serious claim-handling problem.

In appropriate cases, the next step may involve supplementing the demand package, requesting a supervisor review, asking for the basis of the insurer’s position, or preparing for litigation if the claim cannot be resolved and a deadline is approaching. No attorney can promise how an insurer will respond, but a structured approach can help protect the claim from avoidable confusion and delay.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.