Short Answer

In North Carolina, you reject an insurance settlement by telling the insurer in writing that you decline the offer and will pursue litigation, then you file a civil complaint before the deadline. Filing starts the lawsuit; you must have the Clerk issue a Civil Summons and properly serve each defendant. Most negligence claims have a three-year filing deadline, and service has its own timelines. You can still negotiate after filing, and settlement talks are generally not admissible at trial.

Understanding the Problem

You want to know how to say “no” to an insurer’s “top and final” offer and move forward with a lawsuit in North Carolina personal injury court. The key decision is whether you will reject the offer and file suit now so you do not miss the deadline. Your role is the injured plaintiff; the action is rejecting the offer and filing a complaint; the trigger is the unsatisfactory offer; and timing matters because filing deadlines are strict.

Apply the Law

In North Carolina, you do not need a special form to reject an offer. The legal step that matters is commencing a civil action by filing a complaint in the proper court and serving the defendant under the Rules of Civil Procedure. For personal injury, the main forum is the General Court of Justice (District Court for smaller claims; Superior Court for larger claims). A civil case starts by filing a complaint; a Civil Summons is issued by the Clerk and must be served within a set period, with specific methods allowed. Most negligence claims have a three-year statute of limitations from the date of injury.

Key Requirements

• Clear rejection: Send a short, written notice to the adjuster that you decline the offer and will proceed with litigation.
• File the complaint: Commence the action by filing a complaint that states your claim and relief sought.
• Pick the right court: File in District Court if you seek $25,000 or less, or in Superior Court if you seek more than $25,000.
• Issue and serve the summons: Have the Clerk issue a Civil Summons (AOC-CV-100) and serve each defendant using approved methods within the service window.
• Keep the case alive: If service is not completed in time, request an endorsement or alias and pluries summons within the required intervals.
• Expect mediation: Superior Court cases are typically ordered to a mediated settlement conference after filing.

What the Statutes Say

• North Carolina R. Civ. P. Rule 3 (Commencing an action) - File a complaint (or initiate under the Rule 3 alternative) to start your case.
• North Carolina R. Civ. P. Rule 4 (Service of process) - Issuance of summons; approved service methods; timing; and continuation via alias and pluries or endorsement.
• G.S. 1-52 (Limitations of actions—three years) - Most negligence-based personal injury claims must be filed within three years.
• G.S. 7A-38.1 (Mediated settlement conferences in superior court) - Superior Court civil cases are typically referred to mediation.

Analysis

Apply the Rule to the Facts: Because the insurer’s “top and final” offer is below your demand, you can reject it in writing and file your complaint before the three-year personal-injury deadline. If your claimed damages exceed $25,000, file in Superior Court; otherwise, file in District Court. After filing, have the Clerk issue a Civil Summons and serve each defendant using sheriff service or certified mail within the service window, keeping the summons active if service takes time. You should anticipate court-ordered mediation after filing.

Process & Timing

1. Who files: You (the plaintiff). Where: Clerk of Superior Court in a proper North Carolina county (often where a defendant resides or where the crash occurred). In eCourts counties, file via File & Serve; elsewhere, file in person or by mail. What: Civil Complaint, Civil Summons (AOC-CV-100), and Civil Action Cover Sheet (AOC-CV-751). When: File within three years of the accident for most negligence claims.
2. After filing, the Clerk issues the Summons. Serve each defendant within the Rule 4 time limits using the sheriff, certified mail/return receipt, or designated delivery service; if not successful, obtain an endorsement or alias and pluries summons within the required 90-day intervals to continue efforts.
3. The court will set scheduling. Superior Court cases are typically ordered to mediation within months. Discovery proceeds, and the case resolves by settlement, dismissal, or judgment.

Exceptions & Pitfalls

• Waiting too long: Filing after the statute of limitations usually ends your claim, regardless of settlement talks.
• Service missteps: If you do not complete service within the Rule 4 window and fail to obtain timely endorsements or alias and pluries summonses, your case can be dismissed.
• Wrong forum or parties: Filing in the wrong division (District vs. Superior) or missing a necessary defendant can slow or jeopardize your case.
• Admissions in rejection letters: Keep your rejection brief and factual; avoid statements that could be misconstrued. Settlement discussions are generally not admissible at trial, but do not risk unnecessary admissions.
• Liens still attach: Medical provider or benefit liens (e.g., health insurance, Medicare/Medicaid) typically must be resolved from any settlement or judgment; rejecting the offer does not remove them.
• Local practice varies: eFiling and scheduling differ by county; check local rules after you file.

Talk to a Personal Injury Attorney

If you're dealing with a low “final” offer after a car accident and want to move your case into court, 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.