Short Answer

In North Carolina, ask your insurer in writing for duplicate copies of your uninsured motorist (UM) demand and the denial letter. Insurers must give a reasonable written explanation for a denial and may resend it on request. If you are represented by an attorney, the insurer will usually send documents only through your lawyer. If the insurer will not cooperate, you can involve the North Carolina Department of Insurance or obtain the documents through discovery after filing a UM action.

Understanding the Problem

You want to know whether, in North Carolina, you can get copies of your UM demand and the insurer’s denial letter, and how to do it if the adjuster will not send them. You are the insured making a UM claim and need the documents as proof of what was requested and how the claim was denied.

Apply the Law

Under North Carolina law, your UM claim is a first-party claim under your auto policy. Insurers must fairly investigate and provide a reasonable written explanation for any denial that references the policy provisions. You may request duplicate copies of communications in your claim file, including your demand and the company’s denial letter. If you file a lawsuit or proceed under a policy arbitration clause, you can use discovery to obtain the documents.

Key Requirements

• Written request to the insurer: Ask the claims adjuster for duplicate copies; include your name, claim number, and policy number.
• Right to an explanation of denial: The insurer must give a reasonable written basis for denial tied to policy terms; ask for it if you did not receive it.
• Representation matters: If you have a lawyer, the insurer will usually only send copies through your attorney; request them from counsel.
• Proof of identity/authorization: Be ready to verify identity or provide written authorization if someone requests on your behalf.
• Discovery if litigation starts: If you sue or proceed under the policy’s dispute process, request the letters via formal document requests.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Sets mandatory UM coverage and authorizes first-party claims under your policy.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Requires a reasonable explanation of denial and fair claim handling.
• North Carolina Gen. Stat. § 1A-1, Rule 34 (Requests for production) - Lets you obtain documents, like denial letters, in litigation.
• North Carolina Gen. Stat. § 1A-1, Rule 45 (Subpoenas) - Tool to compel documents from nonparties where appropriate.

Analysis

Apply the Rule to the Facts: Because this is a first-party UM claim, you can ask your insurer for duplicate copies of your demand and the denial letter. The company should provide a written explanation for any denial that cites policy language. If you have counsel, route the request through your attorney. If the insurer refuses or delays, you can escalate with the Department of Insurance or, once a case is filed, obtain the letters through Rule 34 discovery.

Process & Timing

1. Who files: You (or your attorney). Where: Your insurer’s claims department/adjuster for your UM claim. What: A written request for duplicate copies of your UM demand and denial letter, including your name, claim number, policy number, and a request for the insurer’s written explanation of denial. When: As soon as you realize you need the documents.
2. If the insurer does not respond or refuses, follow up in writing and consider filing a complaint with the North Carolina Department of Insurance to prompt a response; insurers typically respond to DOI inquiries within a few weeks, but timing varies.
3. If you file suit or proceed under the policy’s dispute clause, serve a Request for Production under Rule 34 asking for your claim correspondence, including the demand and denial; the insurer should produce the documents or state any objections.

Exceptions & Pitfalls

• If you are represented, the insurer may refuse to communicate directly with you; request documents through your attorney.
• Insurers may require identity verification or a signed authorization before releasing claim documents to you or a third party.
• Pre-suit subpoenas are generally not available; if the company will not cooperate informally, you may need to file a complaint or begin litigation to use discovery.
• Keep copies of all correspondence; send requests by email or certified mail so you can track delivery and responses.
• Do not miss any limitations period on your UM claim while waiting for documents; verify timelines early.

Talk to a Personal Injury Attorney

If you’re dealing with a UM claim denial and need your demand or denial letter, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.