Short Answer

North Carolina law does not guarantee that your settlement will match another person’s from the same accident. However, you can push for parity by showing the insurer that liability is clear, your injuries and treatment are comparable or greater, and your documented damages—especially medical expenses actually paid—justify the same or higher number. If talks stall, preserve your lawsuit deadline (generally three years in NC) and be ready to file.

Understanding the Problem

You want to know whether, in North Carolina, you can negotiate your bodily injury claim with the at-fault driver’s insurer to match what a co-claimant from the same accident received. You are the injured claimant, the insurer made you a lower offer, and you have slightly higher medical bills. Negotiations are ongoing to raise your offer to the other claimant’s level.

Apply the Law

Under North Carolina law, there is no automatic right to “equal settlements,” even from the same crash. Insurers must handle claims fairly and consistently and attempt prompt, fair, and equitable settlements when liability is reasonably clear. Settlement value turns on liability, damages, available insurance, and proof. North Carolina evidence rules limit the medical expense amounts you can ultimately prove to what was actually paid or necessary to satisfy the bills, which influences how insurers evaluate your claim before trial. The main forum for disputes is civil court in the county where the accident occurred or where a defendant resides, and a general three‑year limitation period typically applies to personal injury claims.

Key Requirements

• Comparable accident and liability: Show the same event, same at-fault party/policy, and that liability is reasonably clear with no credible contributory negligence defense against you.
• Comparable or greater damages: Document injuries, treatment, and recovery that are similar to or more serious than the co-claimant’s.
• Medical expenses proved by payments: Provide itemized records and the amounts actually paid or required to satisfy bills, not just sticker charges.
• Preexisting conditions addressed: Clarify how the crash aggravated your prior conditions; age or prior issues do not bar recovery if the wreck worsened them.
• Policy limits and multiple claimants: Confirm available liability and any UM/UIM coverage and whether multiple claims must share the same limits.
• Deadline protection: Track the civil filing deadline (generally three years) in case negotiations fail.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Insurers must attempt prompt, fair, and equitable settlements where liability is reasonably clear.
• North Carolina Rule of Evidence 414 (Medical expenses) - Limits proof of medical expenses to amounts actually paid or needed to satisfy the charges.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Personal injury claims are generally subject to a three-year filing period.

Analysis

Apply the Rule to the Facts: The insurer paid a higher amount to another claimant from the same accident, so use that as a benchmark. You report slightly higher medical bills and are older; frame the medical records to show aggravation of any preexisting conditions and emphasize the amounts actually paid under Rule 414. If liability is clear and no contributory negligence applies to you, ask the adjuster to justify any difference and request a matching or higher number based on your comparative damages and the same policy.

Process & Timing

1. Who files: You (or your attorney). Where: With the at‑fault insurer’s adjuster; if unresolved, file a civil action with the Clerk of Superior Court in the appropriate North Carolina county. What: Send a written demand package (medical records, bills, paid amounts, wage proof, photos); to sue, file a complaint and Civil Summons (AOC‑CV‑100). When: Aim to negotiate after you reach maximum medical improvement; if talks fail, file suit before the general three‑year deadline.
2. Request parity: Ask the adjuster to explain the valuation differences and seek a written basis. Reference the duty to make fair, equitable settlements when liability is clear. Provide a concise chart comparing your injuries, treatment dates, billed vs. paid amounts, recovery time, and any lasting effects.
3. Escalate if needed: If impasse persists, consider a Department of Insurance complaint about claim handling and prepare to file suit. You can submit a complaint online with the N.C. Department of Insurance to prompt a review of claim practices.

Exceptions & Pitfalls

• Contributory negligence: If the insurer has credible evidence you were even slightly at fault, it may try to deny the claim entirely under North Carolina’s contributory negligence rule.
• Confidentiality: Many settlements are confidential; you may not get the co‑claimant’s exact terms. Ask for de‑identified comparators (injury type, treatment, paid amounts, recovery time) instead of dollar figures.
• Medical expense proof: Insurers discount “sticker price” bills. Provide proof of amounts actually paid or still owed to align with Rule 414.
• Shared limits: Multiple claimants may draw from the same liability limits. Confirm remaining limits early; if limits are tight, request a tender or fair allocation.
• UM/UIM coordination: If underinsured motorist coverage may apply, notify your carrier and follow policy notice requirements before settling with the at‑fault insurer.

Talk to a Personal Injury Attorney

If you're dealing with a low offer compared to another claimant from the same crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.