Short Answer

North Carolina law does not set a fixed number of days for an insurer to finish a liability investigation. Insurers must investigate and communicate promptly, decide within a reasonable time, and explain delays with updates about what information is still needed. If you or your attorney have not provided a statement or current medical records, the insurer can keep the investigation open until it has enough information to evaluate liability and damages.

Understanding the Problem

You want to know how long a North Carolina auto insurer can keep its liability investigation open. The insurer has asked for a written statement while it reviews fault and injuries. Your attorney has not yet scheduled the statement or sent treatment updates. You need to understand what timeline applies to the insurer and what you can do to move the claim forward.

Apply the Law

Under North Carolina law, insurers must promptly investigate and communicate about claims, but there is no single deadline to complete every liability investigation. The claim process happens directly with the insurer before any lawsuit. If settlement is not reached, a civil action may be filed in North Carolina state court. A key outside deadline is the statute of limitations to file suit, which is generally three years from the accident for personal injury.

Key Requirements

• Prompt action: The insurer must acknowledge your claim and act on communications without unreasonable delay.
• Reasonable investigation: The insurer must gather the facts it needs (statements, police report, photos, medical records) before deciding.
• Timely decision or update: The insurer should accept or deny liability within a reasonable time; if it needs more time, it should explain why and what additional information is required, and provide periodic status updates.
• Pay what is undisputed: If part of the claim is clear, the insurer should not delay payment of that portion while other issues remain.
• Honest communication: The insurer may not misstate facts or policy terms to delay or avoid payment.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - prohibits failing to adopt reasonable standards for prompt investigations and failing to affirm or deny coverage within a reasonable time.
• North Carolina Gen. Stat. § 75-1.1 (Unfair and deceptive trade practices) - declares unfair or deceptive practices unlawful; certain insurance claim-handling violations can factor into this.

Analysis

Apply the Rule to the Facts: Because your attorney has not yet provided a statement or current medical updates, the insurer can reasonably keep the investigation open while it waits for that information. The insurer still must act promptly and explain what is missing and why it cannot decide yet. Once it receives your statement and the records needed to evaluate fault and injury, it should decide liability within a reasonable time or clearly state any remaining gap.

Process & Timing

1. Who files: The injured person or their attorney. Where: Directly with the at-fault driver’s liability insurer in North Carolina. What: Notice of claim, claim number, police report, photos, repair estimates, medical records/bills; a written statement may be requested. When: Provide core information as soon as practical; track the lawsuit deadline (generally three years from the accident for personal injury).
2. The insurer reviews liability and damages, requests any missing items, and should send timely status updates if more time is needed. Response time can vary by county and adjuster workload, but unjustified silence or delay is not permitted.
3. Final step: The insurer accepts or denies liability (or accepts in part). If it denies or delays without good reason, you may escalate through a supervisor, submit a written complaint to the North Carolina Department of Insurance, or file suit in state court.

Exceptions & Pitfalls

• You do not have to give a recorded statement to the at-fault driver’s insurer; if you choose to, keep it concise and limited to facts. A written statement is often safer.
• Do not sign broad, open-ended medical authorizations; provide accident-related records and bills yourself to avoid delay and overbroad disclosures.
• Gaps in treatment or missing documentation slow decisions. Regularly send updated records and bills so the insurer can evaluate damages.
• If liability is disputed (e.g., conflicting witness accounts) or the police report is pending, investigations can reasonably take longer.
• Uninsured/underinsured motorist claims follow policy terms that may require specific proofs; missing those can delay coverage decisions.

Talk to a Personal Injury Attorney

If you're dealing with an insurer delaying its liability decision after a North Carolina accident, 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.