Short Answer

Yes. In North Carolina, you can push back on a low offer by proving the other driver’s fault, showing the crash caused or aggravated your injury, and documenting reasonable medical expenses, even if treatment was only in an emergency room. If the insurer will not move, you may file a lawsuit and must do so within three years of the crash to preserve your rights.

Understanding the Problem

You want to know whether, in North Carolina, you can challenge a low offer from the at-fault driver’s insurer when you had only ER treatment for a soft tissue injury. The decision point is whether you have enough proof of fault, causation (including aggravation of any preexisting condition), and reasonable damages to improve the insurer’s number or, if needed, proceed in court. Here, one key fact is that treatment occurred only in the emergency room.

Apply the Law

Under North Carolina law, an injured person may recover damages if they prove the other party’s negligence caused the injury. Preexisting conditions do not bar recovery; the law allows damages for an aggravation of a preexisting condition, but you must link the aggravation to the crash with credible medical evidence. Medical expense evidence focuses on amounts actually paid or still owed, which can make ER-only claims look small unless supported by clear proof of pain, functional limits, or work impact. If negotiations stall, you preserve leverage by filing suit in the proper North Carolina court before the statute of limitations runs.

Key Requirements

• Liability: Show the other driver breached a duty (for example, inattention or a traffic violation) and caused the crash.
• Causation and aggravation: Connect your symptoms to the crash, including any worsening of preexisting degenerative changes, through medical records or a provider note.
• Reasonable damages: Document ER bills, any out-of-pocket costs, and the impact on daily activities or work; focus on amounts paid or still owed for medical charges.
• Consistency: Minimize gaps in care and keep a clear, consistent timeline of symptoms from the crash to recovery.
• Preserve deadlines: If the insurer will not pay fairly, file a lawsuit in time and in the correct court.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most negligence claims must be filed within three years of the injury.
• N.C. R. Evid. 414 (Medical expenses evidence) - Juries hear amounts actually paid or still owed for medical bills, not the full amounts billed.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists practices regulators consider unfair in insurance claim handling; third-party claimants typically must sue the at-fault driver, not the insurer.
• N.C. Gen. Stat. § 44-49 and § 44-50 (Medical provider liens) - Health care providers may assert liens that must be addressed from any settlement.

Analysis

Apply the Rule to the Facts: You can challenge the low offer by tightening proof on each point: (1) liability—confirm fault evidence (crash report, photos, witness); (2) causation/aggravation—ask a treating provider to link the soft tissue injury and any flare-up of degenerative findings to the crash; and (3) damages—organize ER bills, out-of-pocket costs, and a short statement on pain and activity limits. If the adjuster still discounts the claim due to ER-only care, consider filing suit to preserve your rights before the three-year limit.

Process & Timing

1. Who files: The injured person (or attorney). Where: Start with the at-fault driver’s liability insurer; if unresolved, file a Complaint and Summons with the Clerk of Superior Court in the county where the crash occurred or where the defendant lives. What: A detailed demand with records and bills; if suing, a civil Complaint alleging negligence. When: File any lawsuit within three years of the crash.
2. After filing, the insurer typically assigns defense counsel. The case proceeds through discovery; many North Carolina cases schedule mediation before trial. Timelines vary by county and court calendar.
3. Resolution occurs by settlement (insurer issues a release and payment) or trial judgment. Resolve valid medical liens from the settlement proceeds before closing the claim.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, North Carolina law can bar recovery; gather liability proof early.
• Thin documentation: ER-only treatment without follow-up can depress offers; a short provider note on causation and aggravation can help.
• Recorded statements and broad authorizations: Limit statements and avoid overly broad medical releases that invite fishing into unrelated history.
• Medical liens: Hospitals and providers may assert statutory liens; address them to avoid delays and protect your net recovery.
• Delay risk: Negotiating up to the deadline is risky; file suit in time if talks stall.

Talk to a Personal Injury Attorney

If you’re facing a low settlement offer after ER-only treatment, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

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.