Short Answer

Ask the adjuster for written confirmation of the offer amount and terms using your claim number. In North Carolina, insurers must respond to communications promptly and provide a reasonable explanation for any offer or denial. Settlement talks do not pause the lawsuit deadline, so track your statute of limitations while you wait for the written offer.

Understanding the Problem

You are handling a North Carolina personal injury claim and the insurer said a preliminary offer was coming, but you have not received it in writing. You want to confirm the amount and any conditions without missing key deadlines. One salient fact here: your attorney already followed up and updated the contact email with the insurer.

Apply the Law

Under North Carolina law, settlement agreements are contracts and are typically confirmed in writing. Insurers handling North Carolina claims must acknowledge and act on communications within a reasonable time and provide a reasonable explanation for any offer. If negotiations stall, you may need to file in the appropriate North Carolina court before the statute of limitations expires; settlement discussions do not extend that deadline.

Key Requirements

• Written confirmation: Request the offer amount and key terms in writing (email is fine) using the claim number.
• Prompt insurer response: The insurer must respond to reasonable communications and explain the basis for an offer or denial.
• Clear authority and acceptance: No settlement is final until you authorize acceptance; releases and checks typically follow written acceptance.
• Mind the deadline: Track the statute of limitations for personal injury; negotiations do not pause it.
• Escalation option: If the adjuster does not respond, escalate to a supervisor or consider a complaint to the North Carolina Department of Insurance.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Requires prompt communication and reasonable explanations for claim decisions and offers.
• North Carolina Gen. Stat. § 75-1.1 (Unfair or deceptive acts or practices) - Bars unfair or deceptive practices in commerce; certain claim-handling conduct can implicate this law.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Sets the general three-year deadline for filing most personal injury lawsuits.

Analysis

Apply the Rule to the Facts: You have a claim number and updated contact email, so ask the adjuster—in writing—to confirm the gross offer, whether it is inclusive of all damages, and any conditions (like a full release). Because the insurer mentioned a preliminary offer, request a short written summary and an explanation of how they calculated it. Track your statute of limitations; if the written offer does not arrive promptly, escalate internally or consider filing suit to preserve your rights.

Process & Timing

1. Who files: You or your attorney. Where: The insurer’s claims department for confirmation; if needed, the Clerk of Superior Court in the appropriate North Carolina county to file a lawsuit. What: Written confirmation request citing the claim number; if filing suit, a civil complaint and summons. When: Ask the insurer to confirm in writing within 10 business days; file suit before the three-year statute of limitations expires.
2. Follow up by phone within 3–5 business days after your written request. If no response, escalate to a claims supervisor and document each attempt.
3. If delay persists and the deadline approaches, file the complaint to preserve the claim. After acceptance, expect a release and settlement check; confirm whether liens will be paid from proceeds.

Exceptions & Pitfalls

• Wrongful death and certain claims have different deadlines; confirm your specific limitation period early.
• Verbal numbers can change; do not rely on a phone quote—get the amount and terms in writing.
• Acceptance without full authority can create disputes; ensure you (the client) authorize any settlement.
• Scope traps: clarify whether the offer resolves all claims (bodily injury, property damage, med pay) and whether it is inclusive of fees, costs, and liens.
• Delivery issues: confirm the correct email and mailing address with the adjuster and request acknowledgment of receipt.

Talk to a Personal Injury Attorney

If you're dealing with an insurer that mentioned an offer but hasn't sent it, 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.