Short Answer

North Carolina law does not require an insurer to make an offer by a fixed deadline, but you do not have to wait indefinitely. Send a thorough, written demand with your medical records and bills, set a reasonable response date, and request a supervisor review. If there’s still no progress, you can file a complaint with the North Carolina Department of Insurance and, if needed, file a lawsuit before the three-year deadline. Because both drivers share the same insurer, ask for separate adjusters and protect any UM/UIM and medical payments rights.

Understanding the Problem

In North Carolina, an injured driver wants to know what they can do when an insurance company has not made a settlement offer months after a crash. The driver seeks payment for injury treatment and car-related losses. The key decision is whether to keep pushing the claim, escalate it, or file suit. Here, the police found the other driver at fault, and both drivers are insured by the same company.

Apply the Law

Under North Carolina law, car crash claims are civil negligence claims. Insurers must handle claims in good faith and evaluate liability, damages, and coverage, but there is no fixed statutory deadline to make an offer. North Carolina’s three-year statute of limitations generally sets the outside limit to file a lawsuit for personal injury. North Carolina follows contributory negligence, so the insurer may withhold or delay offers if it believes you share any fault. When both drivers are insured by the same company, the company should wall off the claims with different adjusters. You may also have first-party coverages through your own policy, such as medical payments and uninsured/underinsured motorist coverage, with specific notice and service requirements.

Key Requirements

• Liability: You must show the other driver was negligent and caused the crash; a police report helps but is not conclusive.
• Damages: Document injury care with medical records, bills, and proof of other losses.
• Coverage: Confirm available liability limits and whether UM/UIM and medical payments coverage apply.
• Timing: Act before the lawsuit deadline; insurers have no fixed offer deadline, so set your own reasonable response date in writing.
• Notice/Service for UM/UIM: Preserve UM/UIM rights by giving your carrier proper notice and, if you file suit, following the statute’s service procedures.

What the Statutes Say

• N.C. Gen. Stat. § 58-63-15 (Unfair Claim Settlement Practices) - Lists prohibited claim-handling conduct by insurers.
• N.C. Gen. Stat. § 20-279.21 (Motor Vehicle Liability; UM/UIM) - Governs required auto liability coverage and UM/UIM procedures.
• N.C. Gen. Stat. § 1-52 (Three-Year Limitations Period) - Sets the general three-year deadline for negligence actions, including most injury claims.

Analysis

Apply the Rule to the Facts: The police found the other driver at fault, which supports liability. Your right shoulder treatment and physical therapy create objective damages, but the insurer typically waits for records and bills before evaluating. Because the same insurer covers both drivers, ask for separate adjusters and claim numbers to prevent conflicts and open any medical payments claim on your policy. If you have sent complete records and months have passed without progress, escalate in writing, consider a Department of Insurance complaint, and protect your rights by filing suit before the three-year deadline if needed.

Process & Timing

1. Who files: Injured driver/claimant. Where: Send a written demand to the insurer’s claims office; request separate adjusters if both drivers share the same insurer. What: Include a demand letter, medical records, bills, wage documentation, photos, and the police report; set a 20–30 day response date. When: Send once treatment is reasonably complete or you have enough records to evaluate.
2. If no meaningful response, escalate in writing to an adjuster’s supervisor and consider filing a complaint with the North Carolina Department of Insurance; this often prompts a review within a few weeks.
3. Final step: Before the statute runs, file a negligence lawsuit against the at-fault driver in the county where the crash occurred. File with the Clerk of Superior Court (District Court for smaller claims; Superior Court for larger claims). If UM/UIM may apply, provide your carrier the required notice and follow statutory service procedures so coverage is preserved.

Exceptions & Pitfalls

• Contributory negligence: Any fault on you can bar recovery, so be careful with recorded statements and keep communications concise and accurate.
• Gaps in care: Long breaks in treatment or missed appointments can reduce claim value or cause delays; keep consistent medical follow-up and records.
• Incomplete demand: Missing bills, records, or wage proof often stalls evaluation; include itemized statements and discharge summaries.
• UM/UIM notice missteps: Late notice or improper service on your carrier can jeopardize coverage; follow the statute’s procedures.
• Liens: Unresolved healthcare or plan liens can block payment; identify and address them before finalizing any settlement.

Talk to a Personal Injury Attorney

If you’re dealing with a stalled claim and no offer months after a North Carolina crash, 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.