How long should an insurance company take to respond to my injury claim and medical expenses?: Answered for North Carolina

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How long should an insurance company take to respond to my injury claim and medical expenses? - North Carolina

Short Answer

In North Carolina, there is no single fixed number of days for a third-party insurer to pay injury claims. By law, insurers must promptly acknowledge your claim, investigate, and either affirm or deny liability within a reasonable time after they have the information they need; they must also try to settle promptly when liability is reasonably clear. If weeks go by with no meaningful response, send a written demand with a response date and consider a complaint to the North Carolina Department of Insurance. Do not let insurer delay push you past the lawsuit deadline.

Understanding the Problem

You want to know how quickly the other driver’s insurance company should respond to your injury claim and medical bills. This is a North Carolina personal injury question about a third-party insurer’s duty to communicate, investigate, and decide your bodily injury claim. Here, the insurer paid for vehicle damage but has not responded on medical expenses. You need to understand what “prompt” means in practice and what to do if the insurer stays silent.

Apply the Law

Under North Carolina law, insurers must acknowledge claim communications promptly, investigate reasonably, and make a timely decision once they have enough documentation. When liability becomes reasonably clear, they must attempt a prompt, fair settlement. These duties apply to the insurer’s handling of your claim, even though you are not their customer. The main enforcement forum for delays is the North Carolina Department of Insurance, and your hard deadline is the civil statute of limitations to file suit.

Key Requirements

  • Prompt acknowledgment: The insurer should respond and keep you reasonably informed after you report the claim.
  • Reasonable investigation: The insurer must review facts, records, and bills before deciding fault and damages.
  • Timely decision: After receiving the information it reasonably needs, the insurer should affirm or deny liability within a reasonable time or explain why more time is needed.
  • Prompt, fair settlement when clear: If liability is reasonably clear, the insurer should work to settle without undue delay.
  • Written reasons if denying or delaying: If the insurer won’t pay, it should give a clear explanation tied to the facts and policy.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The insurer paid property damage but has not addressed your medical bills. They still must communicate and explain their position after reviewing your records. If they have enough documentation to evaluate fault and medical causation, continued silence can be unreasonable. If they need more records or are disputing fault or causation, they should say so in writing and provide a timeline; lack of any response is not acceptable.

Process & Timing

  1. Who files: You or your attorney. Where: Send a written demand with medical bills and records to the liability adjuster. What: A demand letter that itemizes medical expenses, summaries of treatment, and proof of wage loss if any. When: Give a clear response date (commonly 30 days) and request a written explanation if more time is needed.
  2. If no meaningful response: Send a follow-up status letter and call the adjuster/supervisor. If silence continues, file a complaint with the North Carolina Department of Insurance Consumer Services Division (online “Request for Assistance/Complaint” at ncdoi.gov). The Department will contact the insurer for a response; timing varies.
  3. If still unresolved: File a lawsuit in the county where the crash occurred or where a defendant resides. Where: Clerk of Superior Court (District or Superior Court depends on the amount claimed). When: File before the general three-year personal injury deadline to preserve your rights.

Exceptions & Pitfalls

  • Third-party insurers typically do not pay medical bills as they accrue; they evaluate and pay injury claims in one settlement when liability and damages are documented.
  • If liability is disputed or unclear, the insurer may wait for complete records or additional facts—but it should still explain the reason for delay.
  • North Carolina’s contributory negligence rule can bar recovery if you share any fault; disagreements about fault often slow injury claim decisions.
  • Gaps in treatment, missing records, or broad unsigned medical authorizations can stall the investigation; provide organized, complete documentation.
  • Do not rely on verbal assurances; send demands and follow-ups in writing and keep copies. Calendar your lawsuit deadline.

Conclusion

In North Carolina, an insurer must promptly acknowledge your injury claim, investigate, and make a timely decision once it has the records it reasonably needs. When liability becomes reasonably clear, it should work toward a prompt, fair settlement. If the insurer remains silent, send a written demand with a firm response date and consider a Department of Insurance complaint. Most importantly, preserve your rights by filing suit in the proper court before the general three-year deadline.

Talk to a Personal Injury Attorney

If you’re dealing with an unresponsive insurer on your injury claim and medical bills, our firm can help you set deadlines, escalate the claim, and protect your filing rights. Reach out 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.

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