What can we do when our insurance adjuster refuses to discuss property damage or rental coverage?: North Carolina options
What can we do when our insurance adjuster refuses to discuss property damage or rental coverage? - North Carolina
Short Answer
Under North Carolina law, you can insist on a prompt, good‑faith claim investigation and a clear, written coverage decision. Put your property damage, rental (or loss‑of‑use), medical payments, and liability/UM claims in writing, request separate adjusters if both drivers use the same insurer, and ask for the valuation documents. If the carrier stays silent or evasive, escalate to a supervisor, file a complaint with the North Carolina Department of Insurance, and consider counsel to protect deadlines.
Understanding the Problem
In North Carolina, when you ask, “Can we make the insurer discuss our property damage and rental now?” you are seeking claim handling on two fronts: your vehicle loss (including rental or loss‑of‑use) and injury‑related coverages. The key decision point is how to force timely responses and clear answers. Here, both drivers are insured by the same company, so you need separation between claims and a written coverage position without delay.
Apply the Law
North Carolina requires auto insurers to handle claims promptly and fairly, and to explain coverage decisions in good faith. Property damage is paid under either the at‑fault driver’s liability coverage or your own collision coverage; rental is paid if you bought rental benefits, and otherwise you may claim “loss of use” against the at‑fault driver. When both drivers share the same insurer, the company should firewall the claims (separate adjusters and claim numbers). The main forum is the insurer’s claims department; if nonresponsive, you can seek help from the North Carolina Department of Insurance. North Carolina generally gives three years to file suit for property damage and personal injury, but related deadlines can vary.
Key Requirements
Timely notice: Report both the property damage and injury claims promptly and in writing to the insurer(s); ask for separate claim numbers and adjusters.
Proof of loss: Provide photos, tow and storage bills, title/lien info, pay‑off letter (if any), and documentation of rental costs or loss‑of‑use.
Coverage decision in writing: Ask the adjuster for a written coverage explanation and the total‑loss valuation report if your vehicle is declared a total loss.
Loss‑of‑use or rental: If you bought rental coverage, request it under your policy; if not, claim loss‑of‑use damages from the at‑fault driver’s liability insurer.
Conflict controls: When both parties use the same insurer, request separate adjusters and that no one takes statements or negotiates both sides.
Escalation: If responses lag or are incomplete, escalate to a supervisor, file a complaint with the Department of Insurance, and preserve your litigation deadlines.
Apply the Rule to the Facts: Rear‑end liability is usually straightforward, and intoxication does not reduce your right to property damage or loss‑of‑use. Because both drivers are with the same insurer, immediately demand separate adjusters and claim numbers. Ask for the total‑loss valuation, salvage status, and written coverage decisions. Without health insurance, check your policy for medical payments coverage, and request those benefits; if the insurer remains unresponsive, escalate to a supervisor and file a Department of Insurance complaint.
Process & Timing
Who files: The injured spouse or their attorney. Where: With your insurer (first‑party collision/medical payments/rental) and the at‑fault driver’s liability unit; if the same company, require separate adjusters. Also, the North Carolina Department of Insurance for consumer complaints. What: Written notice of claim, request for separate adjusters and written coverage positions, documents proving loss (photos, tow/storage bills, valuation challenge, lien payoff), and any medical bills/records for med‑pay. When: Do this immediately; do not wait for calls—send email/letters now.
Follow up if you do not get acknowledgment or a plan for inspection/valuation within a reasonable period. Escalate to a supervisor and request the total‑loss valuation report, salvage hold, and rental or loss‑of‑use handling.
If the carrier stays nonresponsive, file a complaint with the North Carolina Department of Insurance Consumer Services Division (see NCDOI Consumer Services) and consider filing suit before limitations periods expire. Expect a written response after the Department contacts the insurer.
Exceptions & Pitfalls
Liability‑only policies: If you did not buy collision or rental coverage, you may still claim loss‑of‑use from the at‑fault driver, but the insurer may not provide a rental directly.
GAP coverage timing: GAP typically pays only after the auto insurer settles ACV and pays the lienholder; request the insurer’s settlement letter and lien payoff to submit to the GAP administrator.
Evidence preservation: Before salvage, demand an inspection hold and preserve photos; do not release the vehicle or sign a global release until you resolve property and injury issues separately.
Same‑insurer conflicts: Do not give a recorded statement to an adjuster handling the other side’s liability claim; insist on separate adjusters.
UM/UIM coordination: If the drunk driver’s limits are low, you may need your UM/UIM; do not settle the liability claim without following your policy’s consent/notice requirements.
Medical payments: If your policy has med‑pay, you can submit bills for prompt reimbursement up to the limit, even while the liability claim is pending.
Conclusion
In North Carolina, you can demand prompt, good‑faith handling: give written notice, provide proof of loss, request separate adjusters when both drivers share an insurer, and ask for a written coverage decision and total‑loss valuation. If the insurer will not address property damage or rental/loss‑of‑use, escalate to a supervisor and the Department of Insurance. To protect your rights, file your claims now and keep the three‑year lawsuit deadline in mind.
Talk to a Personal Injury Attorney
If you’re dealing with a nonresponsive insurer about vehicle damage, rental or loss‑of‑use, and injuries from a crash, our firm has experienced attorneys who can help you understand your options and timelines. 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.