Short Answer

Yes and no. Insurance company delays can slow your payout and negotiation, but they do not extend North Carolina’s deadline to file a lawsuit. Most personal injury claims must be filed within a set limitations period, which keeps running regardless of talks with the adjuster unless you have a signed tolling agreement or a legal tolling rule applies. Unreasonable delay may also create separate claims-handling issues under North Carolina law.

Understanding the Problem

You want to know whether an insurance company’s slow response or ongoing negotiations change your timeline to resolve a North Carolina personal injury claim. Put simply: can the insurer’s delay push back when you must act, or affect your settlement rights? This question matters because in North Carolina the clock to file a lawsuit keeps running even while you are talking with the adjuster, and missing it can end your claim.

Apply the Law

Under North Carolina law, an insurance company’s delay does not pause the statute of limitations. The statute of limitations is the legal deadline to file a lawsuit in court. If you do not file by that deadline, your claim can be barred. “Tolling” means pausing or extending that deadline; it happens only by operation of specific laws (for example, for minors or certain disabilities) or by a written tolling agreement signed by both sides. Separate from your deadline, insurers must handle claims reasonably and promptly; prolonged, unjustified delay can violate North Carolina’s claims-handling rules.

Key Requirements

• Your filing deadline keeps running: Negotiations or silence from the insurer do not extend the statute of limitations.
• Tolling is limited: The deadline may pause only if a legal disability applies (like minority) or if all parties sign a written tolling agreement.
• Claims-handling duties: Insurers must investigate and evaluate claims reasonably and in good faith; unjustified delay can breach those duties.
• First-party versus third-party: Claims under your own policy (UM/UIM, med pay) can have contract-based notice and suit limits in addition to the statute of limitations.
• Forum and trigger: You preserve rights by filing a civil complaint in the appropriate North Carolina trial court before the deadline; the clock generally starts on the date of injury.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Most negligence-based personal injury actions must be filed within three years.
• North Carolina Gen. Stat. § 1-17 (Tolling for disabilities) - Explains when the filing deadline is tolled for minors or other legal disabilities.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists prohibited insurer conduct, including unreasonable delays in investigation or settlement.

Analysis

Apply the Rule to the Facts: With no specific facts provided, assume a typical injury claim against another driver’s insurer. Even if the adjuster is still “reviewing” your file, your filing deadline continues to run. If you obtain a written tolling agreement, that can pause the deadline for the agreed period. If the insurer’s delay is prolonged without a good reason, that conduct may be actionable under North Carolina law in addition to your injury claim.

Process & Timing

1. Who files: The injured person. Where: Clerk of Superior Court in the North Carolina county where the crash happened or where the defendant resides. What: File a civil Complaint and an AOC-CV-100 Civil Summons. When: File before the statute of limitations expires; negotiations alone do not stop the clock.
2. Serve the defendant promptly (typically by sheriff or certified mail). After service, the defendant generally has time to respond, and settlement discussions can continue during litigation.
3. Exchange information (discovery), pursue motions, and mediate. Many cases resolve by settlement; if not, the court will set the case for trial and enter judgment.

Exceptions & Pitfalls

• Minors or legal disabilities: Tolling may apply, but confirm the specific rule and start date for your situation.
• Policy deadlines: First-party claims (UM/UIM, med pay) often require prompt notice, proof of loss, or have contract suit limits that can be shorter than the statute.
• Government defendants: Claims against public entities can have special notice or shorter timelines. Do not assume the general deadline applies.
• No tolling by complaint to regulators: Filing a complaint with the Department of Insurance does not pause your civil filing deadline.
• Relying on adjuster assurances: Verbal promises to “keep working on it” do not extend your time. Get any tolling agreement in writing and signed.

Talk to a Personal Injury Attorney

If an insurer is stalling on your North Carolina injury claim, our firm has experienced attorneys who can help you understand your options, deadlines, and next steps. Reach out today so we can protect your filing rights while we work to move your claim forward.

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.