Short Answer

In North Carolina, you usually cannot “appeal” a third-party liability denial inside the other driver’s insurance company the way you might appeal a health insurance denial. The practical way to challenge a liability denial is to build and present stronger proof of fault and damages, and—if the insurer still refuses to accept liability—file a lawsuit against the at-fault driver before the statute of limitations expires. In some cases, a formal pre-suit mediation process can also be used to move the claim forward.

Understanding the Problem

In North Carolina, can I challenge the other driver’s insurance company’s refusal to accept fault for a car wreck when the insurer has already sent a denial after back-and-forth communications?

Apply the Law

Under North Carolina law, the other driver’s insurer does not decide legal “fault” in a final way—the courts do. An insurance denial is the company’s position on whether its insured is legally responsible (and whether it will pay voluntarily), but it does not stop you from pursuing the underlying negligence claim against the driver. If you file suit on time and prove the other driver’s negligence caused your injuries or property damage, the insurer may have to defend its insured and may have to pay any covered judgment or settlement up to policy limits.

Timing matters. Most car-crash injury and property-damage claims are governed by a three-year statute of limitations in North Carolina, and wrongful death claims generally have a two-year limitations period. If you miss the deadline, you can lose the right to pursue the claim no matter how strong your evidence is.

Key Requirements

• On-time filing: You must file a lawsuit in the correct North Carolina court before the statute of limitations runs.
• Proof of negligence: You must be able to show the other driver breached a duty of reasonable care and that breach caused your damages.
• Proof of damages: You need documentation tying your losses (medical treatment, missed work, vehicle damage, etc.) to the crash.
• Careful handling of contributory negligence issues: North Carolina’s contributory negligence rule can bar recovery if the defense proves you were even partly at fault, so the facts and evidence presentation matter.
• Proper notice and case posture when using UM/UIM: If the dispute involves uninsured/underinsured motorist coverage, the statute sets specific notice and lawsuit mechanics that can affect your rights.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many civil claims, including most negligence-based injury and property damage claims.
• N.C. Gen. Stat. § 1-53 (Two years) - Sets a two-year limitations period for wrongful death actions.
• N.C. Gen. Stat. § 7A-38 (Prelitigation mediation of insurance claims) - Allows a pre-suit mediation process initiated by an insurer and provides tolling rules while that mediation is pending.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.

Analysis

Apply the Rule to the Facts: Here, the insurer has denied liability after extended communications, and your current firm plans to provide the denial letter and police report so you can find a firm that can file suit. That fits a common North Carolina path forward: you can keep negotiating, but the real “challenge” is preserving your right to sue the driver and proving negligence and damages with admissible evidence. Because North Carolina deadlines can cut off the claim entirely, the most important practical step is making sure a lawsuit is filed on time if the denial does not change.

Process & Timing

1. Who files: The injured person (plaintiff). Where: North Carolina District Court or Superior Court in a county where venue is proper (often where the crash happened or where the defendant lives). What: A civil Complaint and Summons (North Carolina court pleadings). When: Generally within 3 years of the crash for most injury/property-damage claims (and generally 2 years for wrongful death).
2. Serve the defendant: The defendant must be served under North Carolina Rule of Civil Procedure 4. If service is not handled correctly, the case can be delayed or dismissed even if you filed on time.
3. Litigation steps that pressure a denial: After filing, the case moves into evidence-gathering (discovery), motion practice, and often court-ordered or voluntary settlement discussions. Insurers frequently reassess a denial once sworn testimony, documents, and accident reconstruction or medical opinions are in play.

Exceptions & Pitfalls

• Contributory negligence defenses: In North Carolina, insurers often deny liability by arguing you contributed to the crash. Even a small alleged mistake (speed, lookout, following distance) can become a major issue, so your evidence needs to address it directly.
• Thinking the denial letter is the “final word”: A denial is not a court ruling. The denial matters for negotiation, but it does not prevent you from suing the driver.
• Waiting too long to switch firms: When a firm cannot litigate, delays in transferring the file can eat up the limitations period. Getting your records (denial letter, police report, photos, medical bills/records) to litigation counsel quickly can be critical.
• Service problems: Filing is only part of the job. Improper service can create dismissal risk and limitations problems if you have to refile.
• UM/UIM complications: If the dispute shifts into uninsured/underinsured motorist coverage, North Carolina has specific statutory procedures and notice concepts that can affect how you sue and who participates.

Conclusion

In North Carolina, the main way to challenge a liability denial is to preserve your right to have a court decide fault by filing a negligence lawsuit against the other driver on time and backing it with solid evidence of negligence, causation, and damages. Most crash-related injury and property-damage claims must be filed within three years, and missing that deadline can end the claim. The next step is to have litigation-capable counsel review the denial letter and police report and file the complaint before the statute of limitations runs.

Talk to a Personal Injury Attorney

If you’re dealing with an insurance denial after a North Carolina car accident and you believe the other driver caused the crash, a personal injury attorney can help you evaluate the denial, organize the proof, and protect your deadlines—especially if filing suit is the only way to force a decision on fault. 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.