How can I review and respond to a bodily injury settlement offer once it arrives?
How can I review and respond to a bodily injury settlement offer once it arrives? - North Carolina
Short Answer
In North Carolina, review a bodily injury offer by confirming liability, identifying all insurance coverages and limits, and totaling proven damages (medical bills, lost income, and pain and suffering) after accounting for liens and reimbursements. Before accepting, resolve healthcare liens and notify your own insurer if underinsured motorist coverage might apply. Respond in writing with either acceptance and release terms or a counteroffer supported by records. If you cannot settle, you must file a lawsuit before the applicable statute of limitations.
Understanding the Problem
In North Carolina, how do I fairly review and respond to a bodily injury settlement offer from an at-fault driver’s insurer once it arrives? You (the injured person) want to decide whether to accept, counter, or wait, and what to do next. The trigger is the insurer’s offer; timing matters because your rights can be affected by deadlines and lien requirements. One key fact here: the insurer has already accepted responsibility for your vehicle repairs, and you are awaiting the bodily injury offer.
Apply the Law
Under North Carolina law, a bodily injury settlement offer is the insurer’s proposal to pay money in exchange for a full release of your injury claims. Evaluate the offer against the proof of your damages, any defenses (including contributory negligence), all available insurance coverages and limits, and all liens or reimbursement claims that must be paid from the settlement. Negotiations occur with the insurer; if no agreement is reached, a lawsuit is filed in the appropriate North Carolina trial court before the filing deadline.
Key Requirements
Liability and defenses: Confirm the at-fault driver’s responsibility and consider defenses like contributory negligence, which can bar recovery if you were also at fault.
Coverage and limits: Identify bodily injury liability limits and any MedPay, UM, or UIM coverage that could increase available funds.
Proven damages: Add medical expenses, lost income, and reasonable compensation for pain and suffering, supported by records and bills.
Liens and reimbursements: Account for North Carolina healthcare provider liens and any health plan, Medicare, or Medicaid repayment rights before netting your recovery.
Preserve rights before accepting: Do not sign a release until you resolve liens and, if UIM may apply, provide notice to your own insurer and follow consent/advance procedures.
Written response: Accept or counter in writing, referencing key documents (medical bills, records, wage proof) to support your figure.
Apply the Rule to the Facts: Liability has been accepted for property damage, but you still must confirm bodily injury liability and consider contributory negligence. Your ambulance bill signals a likely provider lien, which must be resolved from any settlement. Your signed HIPAA release helps collect medical records and bills to document damages. Before accepting, confirm the at-fault policy limits and whether UIM could apply; if so, notify your own insurer and follow its consent process.
Process & Timing
Who files: You or your attorney. Where: Respond in writing to the liability insurer’s claims department; if settlement fails, file suit in the proper North Carolina trial court (District or Superior Court) in the county where the crash occurred or the defendant resides through the Clerk of Superior Court. What: A written acceptance with release terms or a counteroffer letter attaching key records; lawsuit by complaint and civil summons if needed. When: Insurers may set short offer deadlines; the hard backstop is the three-year filing limit for most injury claims.
Request written confirmation of all applicable policy limits (BI, UM/UIM) and itemize your damages with medical bills, records, and wage proof; allow several weeks for records collection and insurer review, though timing varies by county and carrier.
Before signing a release, resolve medical provider liens and any health plan, Medicare, or Medicaid repayments; if UIM might apply, give your insurer prompt written notice to obtain consent or an advance. After agreement, expect a settlement check and an itemized disbursement statement.
Exceptions & Pitfalls
Contributory negligence can bar recovery if you share any fault; insurers may raise this to discount offers.
Signing a broad release without resolving liens can jeopardize your net recovery and lead to collection efforts.
Underinsured motorist claims can be lost if you settle without your UIM insurer’s consent or required notice.
Offers sometimes include property damage or future claims in the same release; ensure the release matches what you intend to settle.
Settlements for minors or adults lacking capacity may require approval through the Clerk of Superior Court before funds are disbursed.
Deadlines and procedures can vary; do not let an insurer’s expiring offer distract from the statute of limitations.
Conclusion
In North Carolina, review a bodily injury offer by confirming liability, identifying all coverages and limits, totaling proven damages, and accounting for liens that must be paid from the settlement. Do not sign a release until liens are addressed and any UIM notice/consent is completed. If you cannot reach a fair number, file a lawsuit before the three-year deadline. Next step: request written policy-limit confirmation and send a documented counteroffer or acceptance with clear release terms.
Talk to a Personal Injury Attorney
If you're weighing a bodily injury settlement offer and want to understand coverage, liens, and your timelines, our firm has attorneys who can help you evaluate options and respond strategically. 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.