Short Answer

Under North Carolina law, most car accident injury claims settle a few months after your medical treatment is finished and your records and bills are complete. If liability is disputed, injuries are still being treated, or records are delayed, it can take longer. Once the demand package is sent, insurers commonly respond within weeks; if a lawsuit is needed, expect the timeline to extend by a year or more. You generally must file suit within three years of the crash.

Understanding the Problem

You want to know how long it takes to resolve a North Carolina personal injury claim after a car accident. Here, the injured person has an open claim about a year after the crash, and the attorney is waiting on medical reports from a treatment provider. The core timing question is: when can the claim be accurately valued and moved to settlement or, if necessary, to court?

Apply the Law

In North Carolina, a car accident injury claim typically moves to settlement once treatment is complete or stable, the medical records and bills have been gathered, liability and insurance coverage are clear, and any liens are identified for resolution. If the case does not settle, you may file a lawsuit in the county where the defendant resides or where the crash occurred. A key deadline is the statute of limitations: most personal injury claims must be filed within three years from the date of the accident.

Key Requirements

• Finish or stabilize treatment: Settling is usually best after you reach maximum medical improvement so your damages are known.
• Collect medical records and bills: Insurers typically require itemized records and bills to evaluate your claim.
• Confirm liability and coverage: Police reports, witness statements, and policy limits inform valuation and settlement range.
• Address liens and subrogation: Medical providers and health plans may claim repayment from the recovery; these must be identified and resolved.
• File suit if needed before the deadline: If negotiations stall, file in District Court (claims up to $25,000) or Superior Court (over $25,000) before the statute of limitations expires.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—3 years) - Most negligence-based personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1-53 (Limitations—2 years) - Wrongful death claims generally must be filed within two years.
• North Carolina Gen. Stat. § 44-49 (Medical provider claims) - Allows providers to claim repayment and requires them to supply itemized statements on request.
• North Carolina Gen. Stat. § 44-50 (Limits on medical liens) - Caps the total amount payable to certain medical lienholders from a recovery.

Analysis

Apply the Rule to the Facts: At about one year post-crash, your attorney is still waiting on medical reports. Until those records arrive and treatment is complete or stable, it is hard to calculate damages and send a full demand. Once the provider supplies itemized records and bills, your attorney can submit the demand and negotiate. Keep the three-year filing deadline on the radar in case a lawsuit becomes necessary.

Process & Timing

1. Who files: The injured person (through counsel). Where: With the at-fault driver’s insurer. What: A demand package with accident proof, medical records, itemized bills, wage loss, and photos. When: After treatment is complete or stable and records are in hand.
2. If no settlement: File a civil Complaint and Civil Summons (AOC-CV-100) with the Clerk of Superior Court in the correct county. After service, the defendant typically has about 30 days to respond, and extensions are common. Discovery and mediation often follow before trial is set.
3. Resolution: Many cases settle during negotiations or mediation. If not, the court places the case on a trial calendar; reaching trial can take a year or more depending on county schedules.

Exceptions & Pitfalls

• Settling before you finish treatment can leave out future care costs; waiting for maximum medical improvement usually leads to a clearer valuation.
• Delays in getting itemized medical records and bills can stall negotiations; written requests and signed authorizations help speed this up.
• Liens and health plan subrogation (including Medicare/Medicaid) must be addressed before disbursing funds; resolving them can add time.
• If underinsured motorist coverage may apply, coordinate notice and consent requirements before accepting policy limits from the at-fault insurer.
• Do not miss the statute of limitations; filing even a strong case late can bar recovery.

Talk to a Personal Injury Attorney

If you’re waiting on medical records or unsure when your North Carolina claim can settle, our firm has experienced attorneys who can help you understand the process, timing, and next steps. Reach out today.

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.