Short Answer

In North Carolina, there is no single statewide deadline that forces an insurance adjuster to respond to a settlement counteroffer within a specific number of days. In practice, many adjusters respond within a few business days to a couple of weeks, depending on workload, authority levels, and whether more information is needed. If the assigned claims representative is out of the office, the response time often depends on whether the file has been reassigned or a supervisor can act in the adjuster’s absence.

Understanding the Problem

In North Carolina personal injury settlement negotiations, you may be asking how long an insurance adjuster can take to respond after you send a counteroffer, especially where the assigned claims representative is out of the office and you are trying to wrap up an open claim.

Apply the Law

North Carolina law generally expects insurers to handle claims in good faith and to communicate in a reasonably prompt way, but it usually does not set a hard “X-day” deadline for responding to a settlement counteroffer. A counteroffer is part of negotiation, not a court filing, so the timeline is mostly driven by claim-handling practices, the need for additional documentation, internal approval requirements, and whether the insurer is evaluating multiple claimants or limited coverage.

If negotiations stall, North Carolina also provides a pre-litigation mediation option for certain insurance claims. That process runs through the Clerk of Superior Court and can create a structured path to move discussions forward.

Key Requirements

• Clear communication of the counteroffer: The adjuster needs a definite number/terms and enough context to evaluate it (for example, what it resolves and for whom).
• Authority and approvals: Many adjusters cannot accept a counteroffer without supervisor or committee approval, which can add days or weeks.
• Complete information: If the insurer believes it still needs records, bills, wage documentation, or lien information, it may delay a response while it evaluates exposure.
• Coverage and limits review: The insurer may need to confirm coverage, policy limits, reservations of rights, or how limits apply across multiple claimants.
• File ownership while the adjuster is out: If the claim is not reassigned, the response may wait until the adjuster returns; if reassigned, a supervisor or backup adjuster may respond sooner.
• Good-faith claim handling: Even without a fixed deadline, unreasonable delay in communications can create risk for an insurer under North Carolina’s insurance and unfair trade practice framework.

What the Statutes Say

• N.C. Gen. Stat. § 7A-38 (Prelitigation mediation of insurance claims) - Allows an insurer (after providing policy-limit information as required by law) to initiate pre-suit mediation through the Clerk of Superior Court; tolling rules can apply while mediation is pending.
• N.C. Gen. Stat. § 1-540.2 (Settlement of property damage claims from motor vehicle collisions) - Clarifies that settling property damage alone generally does not settle bodily injury claims unless the written agreement clearly says so.

Analysis

Apply the Rule to the Facts: Here, counsel has made prior counteroffers and is trying to finalize negotiations on an open claim involving multiple claimants, but the assigned claims representative is out of the office. That fact often explains the delay: if no backup adjuster is assigned and no supervisor is authorized to respond, the counteroffer may sit until the adjuster returns. Because multiple claimants are involved, the insurer may also be coordinating authority and evaluating how any settlement affects the overall exposure and available coverage, which can extend the response time.

Process & Timing

1. Who files: Usually no one “files” anything for a counteroffer; it is exchanged by letter/email between counsel and the insurer. Where: With the insurer’s assigned claims representative (or their supervisor/backup). What: A written counteroffer with a response deadline and a request for confirmation of who is handling the file during the adjuster’s absence. When: Many attorneys set a reasonable deadline (often measured in business days) and follow up if they do not receive an acknowledgment.
2. If there is no response: Ask for the supervisor, confirm whether the file has been reassigned, and request a written status update on what is needed to evaluate the counteroffer (for example, specific records or lien information).
3. If negotiations remain stuck: Consider whether a structured process (including pre-litigation mediation where available) is appropriate to move the claim toward resolution.

Exceptions & Pitfalls

• “Out of office” with no reassignment: A common reason for silence is that no one is actively managing the file; asking for a supervisor and confirming reassignment can shorten delays.
• Multiple-claimant complications: When more than one person is negotiating against the same policy, the insurer may slow down while it evaluates how to resolve competing demands and avoid inconsistent settlements.
• Unclear terms: If the counteroffer does not clearly state what claims it resolves (and for whom), the insurer may delay rather than risk misunderstanding.
• Missing documentation: If the insurer believes it lacks key records or lien information, it may not respond substantively until it receives them.
• Deadline management: Waiting on an adjuster can be costly if it causes you to miss a lawsuit filing deadline; negotiations do not automatically extend the statute of limitations.

Conclusion

In North Carolina, an insurance adjuster is not usually bound by a single fixed number of days to respond to a settlement counteroffer, and real-world response times often range from a few business days to a couple of weeks. Delays are more likely when the assigned claims representative is out of the office or when multiple claimants and authority issues are involved. The most practical next step is to send a written follow-up that requests the backup adjuster or supervisor and sets a clear response deadline, while you continue tracking any statute of limitations deadline.

Talk to a Personal Injury Attorney

If you’re dealing with delayed settlement responses and need to keep negotiations moving without risking a missed deadline, our firm has experienced attorneys who can help you understand your options and timelines. Call CONTACT NUMBER to discuss next steps.

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.