Short Answer

In North Carolina, insurers must acknowledge and investigate claims and communicate decisions within a reasonable time. If the at-fault driver’s insurer is not responding, send a written demand with your documentation and a clear response deadline, escalate to a supervisor, and file a complaint with the North Carolina Department of Insurance if needed. You can also use your own collision coverage and let your insurer recover from the other carrier. If the delay continues, you may file suit against the at-fault driver before the statute of limitations runs.

Understanding the Problem

You’re asking what you can do in North Carolina when the at-fault driver’s insurer will not move your property damage claim forward. Here, you filed the claim nearly a month ago and have no estimate or status update, and your car is still not repaired. The immediate goal is to get timely communication and payment (or a clear decision) so you can repair or replace your vehicle.

Apply the Law

North Carolina requires insurers to handle claims fairly, which includes prompt acknowledgment, reasonable investigation, and timely, good-faith settlement when liability is reasonably clear. Practically, you should provide notice and documentation, allow inspection, and set a reasonable reply deadline. If the insurer still does not cooperate, you can seek help from the Department of Insurance, proceed through your own coverage, or file a civil claim against the at-fault driver. Small claims (Magistrate’s Court) can handle property damage disputes up to $10,000, and the general deadline to file a property damage lawsuit is three years from the crash.

Key Requirements

• Give complete notice and proof: Send the claim number, photos, police report (if any), and a repair estimate; allow the insurer a reasonable chance to inspect.
• Reasonable time to investigate: The insurer must acknowledge communications, investigate promptly, and update you on the claim status.
• Good‑faith decision: When liability is reasonably clear, the insurer should make a prompt, fair offer on repairs, total loss value, and applicable taxes/fees.
• Proper defendant if you sue: You typically sue the at‑fault driver, not their insurer, for third‑party property damage.
• Deadlines and forums: Generally three years to file a property damage lawsuit; Small Claims up to $10,000, otherwise District Court via the Clerk of Superior Court.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15(11) (Unfair Claim Settlement Practices) - bars unreasonable delays, poor communication, and failure to conduct a reasonable investigation.
• North Carolina Gen. Stat. § 75-1.1 (Unfair or Deceptive Acts or Practices) - provides a civil remedy for unfair or deceptive conduct in trade, including certain claim handling conduct.

Analysis

Apply the Rule to the Facts: You reported the claim almost a month ago and still have no estimate or status. You’ve given the insurer ample time to acknowledge and investigate, so it’s reasonable to send a written demand with your estimate and a firm response deadline. If they still do not respond, file a complaint with the Department of Insurance, use your collision coverage to get repairs moving, and consider filing suit against the at‑fault driver if the delay continues.

Process & Timing

1. Who files: You (or your attorney). Where: Send a written demand to the adjuster and their supervisor; copy the general claims email if available. What: Include claim number, photos, repair estimate, and a clear request (inspection or payment). When: Give a 10–14 day response deadline in writing.
2. If no meaningful response, file a complaint with the North Carolina Department of Insurance Consumer Services and notify the adjuster that a complaint was filed. DOI inquiries typically prompt an insurer response within a few weeks, but timing can vary.
3. If still unresolved, consider: (a) opening a claim under your collision coverage so your car gets repaired while your insurer seeks reimbursement; or (b) filing a lawsuit against the at‑fault driver in Magistrate’s Small Claims Court (up to $10,000) or District Court through the Clerk of Superior Court. File suit within the general three‑year limit.

Exceptions & Pitfalls

• Do not repair or dispose of the vehicle before the insurer has a reasonable chance to inspect; this can slow or jeopardize payment.
• Third‑party claims usually proceed against the at‑fault driver, not their insurer; naming the insurer directly can get your case dismissed.
• Keep communications in writing; unclear or oral-only updates make it hard to prove delay or bad faith.
• If you have collision coverage, you may owe a deductible initially; your insurer may later seek reimbursement. Ask about deductible recovery.
• Storage fees can add up; coordinate promptly to move the vehicle and limit costs.

Talk to a Personal Injury Attorney

If you’re dealing with an unresponsive insurer on a North Carolina property damage claim, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 or email us to get started.

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.