Short Answer

In North Carolina, compare offers by focusing on your net recovery after liens and fees, the strength of liability (including contributory negligence), and all available insurance coverage (liability, MedPay, and UM/UIM). Before accepting and releasing one insurer, protect any underinsured motorist (UIM) claim by sending your UIM carrier a written notice of the tentative settlement and allowing its 30-day response window. Do not sign a release that unintentionally waives claims against other parties or your UIM rights.

Understanding the Problem

You want to decide whether you can accept one insurer’s “final” number while still negotiating with another, and how to judge which offer makes the most sense under North Carolina personal injury law. The decision turns on who each insurer covers, what rights you may lose by signing a release, and how much money you will actually take home after liens and fees. One insurer has called its number “final” even though it is below your minimum.

Apply the Law

North Carolina uses contributory negligence, so even small fault assigned to you can defeat recovery. Many claims involve more than one policy: the at-fault driver’s liability coverage, possible MedPay, and your own UM/UIM. Accepting a liability settlement usually requires a release; if UIM may apply, you must give your UIM carrier written notice of any tentative settlement and allow a statutory period for it to respond before you release the at-fault party. Your net recovery also depends on statutory medical liens and other reimbursements taken from the settlement. Lawsuits are filed in North Carolina state court if negotiations fail, and a general three-year limitation applies to negligence claims.

Key Requirements

• Coverage and limits: Identify all policies (liability, MedPay, UM/UIM) and their limits for each insurer making an offer.
• Liability and defenses: Evaluate contributory negligence risk and any other defenses that may reduce or bar recovery.
• Damages proof: Tie medical treatment, lost income, and other losses to the crash with records, bills, and documentation.
• Liens and reimbursements: Account for statutory medical liens and government or plan reimbursements to estimate your net.
• UIM preservation: If UIM may apply, send written notice of any tentative liability settlement and allow the 30-day response window before signing a release.
• Release control: Use a narrowly tailored release so you do not waive claims against non-settling parties or jeopardize UIM.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (UM/UIM) - Sets UM/UIM coverage rules and notice/advance-payment procedures when you have a tentative settlement with the at-fault insurer.
• N.C. Gen. Stat. § 1-52 (Limitations) - Negligence claims generally must be filed within three years.
• N.C. Gen. Stat. § 44-49 (Medical liens) - Gives certain providers a lien on personal injury recoveries.
• N.C. Gen. Stat. § 44-50 (Lien payment cap) - Caps how much of a recovery must be paid toward those medical liens.

Analysis

Apply the Rule to the Facts: Because one insurer’s “final” number is below your minimum, first confirm whether that insurer is the at-fault driver’s liability carrier or your own UIM. If UIM may be involved, send written notice of the tentative settlement and wait for the statutory response window before signing any release. Compare both offers by their net values after valid liens and fees, and factor in any contributory negligence risk that could reduce the case value in court.

Process & Timing

1. Who files: Injured person (through counsel). Where: Your UM/UIM insurer. What: Written “tentative settlement” notice identifying the at-fault liability offer and requesting consent or advance. When: Send before signing any release; your UIM carrier typically has up to 30 days to respond under the statute.
2. Settlement paperwork: Once liens are verified and UIM rights are protected (or do not apply), negotiate release language limited to the settling party and finalize the payment; this often takes 2–6 weeks depending on lien confirmations.
3. If negotiations fail: Who files: Injured person. Where: Clerk of Superior Court in the North Carolina county where the crash occurred or a defendant resides. What: Complaint and Civil Summons (AOC-CV-100) from nccourts.gov. When: File within the general three-year statute of limitations for negligence.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you are found even slightly at fault; weigh this risk when comparing settlement versus trial.
• Signing a broad release can accidentally waive claims against non-settling parties or destroy UIM rights; tailor the release.
• Failing to protect medical, Medicaid/Medicare, or ERISA plan interests can delay payment and reduce your net; verify lien amounts before disbursing funds.
• Do not assume policy limits—ask for written confirmation and consider umbrella coverage; limits drive the ceiling of any offer.
• Missed UIM notice or the 30-day window can forfeit subrogation issues and jeopardize underinsured benefits.
• Watch the statute of limitations; starting a lawsuit preserves your rights if talks stall.

Talk to a Personal Injury Attorney

If you are weighing a “final” number from one insurer while negotiating with another, our firm can help you compare net outcomes, protect UIM rights, and plan next steps. 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.