Short Answer

In North Carolina, you can pursue reimbursement through the at-fault driver’s insurer, your own collision coverage (with later recovery of your deductible), or a court claim if the insurer won’t engage. An insurer may ask for a sworn witness affidavit, but it cannot unreasonably delay or ignore your claim. While the affidavit is pending, send a complete written demand with repair documentation and request a response date. If delays persist, consider a complaint to the N.C. Department of Insurance or filing in small claims court.

Understanding the Problem

You’re dealing with a North Carolina car crash claim and need your vehicle repair costs paid. The insurance adjuster says they won’t reopen the claim until a witness affidavit is signed and notarized. You’ve already sent some repair bills and are waiting to hear if anything else is needed.

Apply the Law

Under North Carolina law, the at-fault driver’s liability insurer pays for proven property damage. A sworn, notarized affidavit is one common way to present witness evidence, but an insurer still must reasonably investigate and communicate; it cannot just stall a valid claim. If the third-party insurer drags its feet, you can use your own collision or UM/UIM property damage coverage and let your carrier seek reimbursement, or you can sue in Magistrate’s (small claims) Court for repair costs. Most property-damage claims must be filed in court within a limited period (often three years), and your policy may have shorter notice requirements.

Key Requirements

• Proof of liability: Show the other driver was at fault (police report, photos, witness contact/affidavit).
• Proof of loss: Provide estimates, invoices, and photos; keep receipts for towing, storage, and rental.
• Cooperation and timing: The insurer must reasonably investigate and respond; you must mitigate damages and meet any policy notice deadlines.
• Alternate paths: Use your collision coverage (subrogation may recover your deductible) or file a court claim if the third-party insurer won’t engage.
• Venue and amount: Smaller claims can be filed in Small Claims (Magistrate’s) Court; larger ones go to District Court.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Prohibits failing to promptly acknowledge, investigate, or fairly settle claims when liability is reasonably clear.
• North Carolina Gen. Stat. § 7A-210 (Small claims actions) - Establishes small claims procedures under the Magistrate’s Court.
• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policy) - Addresses required auto liability coverages, including property damage.

Analysis

Apply the Rule to the Facts: You already have repair bills and a cooperative witness. Send a written demand that includes photos, estimates/invoices, medical info relevant to loss-of-use if claimed, and the witness’s contact while the affidavit is finalized. Request written confirmation of any additional documents needed and a response date. If the third-party insurer still refuses to communicate, use your collision coverage now (to get the car fixed) and let your insurer seek reimbursement, or file a small claims action to recover the repair costs.

Process & Timing

1. Who files: You (or your attorney). Where: With the at-fault insurer and/or your own insurer; court filings go to the Magistrate’s Court (Small Claims) in the county where the crash occurred or where the defendant resides. What: A written demand package (police report, photos, estimates/invoices, witness info/affidavit when ready). Court: small claims complaint using the N.C. Judicial Branch forms. When: Send your demand immediately and set a reasonable deadline for a response; court filing should be before the civil limitations period runs.
2. If the insurer delays: File a collision claim with your own carrier to repair the car now. Your insurer may pursue the at-fault carrier and seek to recover your deductible later. You can also submit a complaint to the N.C. Department of Insurance to prompt communication.
3. Final step and expected outcome/document: Settlement check from an insurer or a small claims judgment for repair costs and allowable court costs. If you filed through your own policy, expect resolution of subrogation and potential deductible reimbursement later.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, the third-party insurer may deny liability; your own collision coverage may still pay subject to your deductible.
• Incomplete proof: Insurers often need clear documentation; send legible estimates/invoices, photos, and the police report. A notarized witness affidavit strengthens the file but is not the only way to verify facts.
• Mitigation: Move the car from costly storage and obtain reasonable repairs to avoid avoidable charges being challenged.
• Communication delays: If the adjuster won’t respond after you send a complete demand, consider a written escalation, a complaint to the N.C. Department of Insurance, or filing in small claims court.

Talk to a Personal Injury Attorney

If you’re dealing with a stalled auto claim and need your repair costs covered, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.