Below is a practical, step-by-step roadmap of a typical North Carolina personal-injury insurance claim, from the first phone call to the final settlement check. The process applies to motor-vehicle collisions, slip-and-falls, and most negligence cases handled outside of court.
Notify every relevant insurer in writing—the at-fault driver’s liability carrier, your own MedPay or Uninsured/Underinsured Motorist carrier, and any health insurer. Give only basic facts (date, time, parties). Do not give a recorded statement until you understand your rights; North Carolina’s strict three-year statute of limitations keeps you from rushing.
North Carolina follows pure contributory negligence; if you are even 1 % at fault you could lose your claim. Solid evidence helps defeat the insurer’s blame-shifting tactics.
Tell every provider each injury stems from the incident so medical records reflect causation. Keep:
Under N.C.G.S. § 44-49 and § 44-50, medical providers automatically obtain a lien on settlement proceeds if they furnish records and bills. Statutory caps ordinarily limit total medical liens to 50 % of net settlement after attorney fees, but federal liens (Medicare, Medicaid) and ERISA health plans have separate rules. List every potential lienholder early so nothing surprises you during disbursement.
Settle only after doctors declare you at MMI or provide a permanent impairment rating. Accepting money too soon leaves you responsible for later medical costs.
Send a persuasive, indexed packet to the adjuster that includes:
The adjuster will respond with “valuation software” numbers. Expect several rounds of counteroffers. Emphasize:
If talks stall, consider mediation or filing suit to restart leverage.
Insurers will not issue funds until you sign a full and final release. Confirm it covers only the intended party and does not waive UM/UIM rights or property damage claims unless you intend to. A minor’s claim requires court approval.
After agreeing to a gross settlement, you—or your lawyer—must reduce liens:
Obtain written satisfaction letters from each creditor before releasing funds.
Prepare a settlement sheet showing:
Finally, store records for at least three years in case tax, lien, or insurance questions arise.
Still Unsure? The insurance claim process is technical, and missed steps can slash your recovery. Our North Carolina personal-injury team handles claims, negotiations, and lien reductions every day. Call us now at 919-313-2737 for a free consultation and let us protect your rights while you focus on healing.