Short Answer

Under North Carolina law, you do not have to accept a low offer. If you decline, negotiations can continue, or you can file a lawsuit in the proper North Carolina court before the statute of limitations runs. If multiple insurers or policies are involved (such as liability and underinsured motorist coverage), you must protect those claims with the right notices and consents before settling with anyone.

Understanding the Problem

You are asking whether you can say no when an insurer will not raise its number and what happens next in a North Carolina personal injury case. The decision point is straightforward: as the injured claimant, can you decline and move toward court if talks stall? In your facts, one insurer has given a “final” number below your target, and you want to keep negotiating with a second insurer while considering filing suit.

Apply the Law

In North Carolina, you may decline any settlement offer. Declining does not end your claim, but your time to sue is limited by the statute of limitations. The main forum is the North Carolina trial courts (District Court for smaller claims and Superior Court for larger claims). If a claim involves underinsured motorist (UIM) coverage, you generally must give your UIM insurer notice and obtain written consent before releasing the at‑fault driver’s insurer, or follow the statutory advance‑payment process. After a lawsuit is filed, the court will typically require mediation before trial. Defendants may also use an “offer of judgment,” which can affect court costs if you recover less than that offer.

Key Requirements

• File on time: Most personal injury claims must be filed within three years; negotiations do not pause this deadline.
• Choose the proper court: File in the North Carolina county with proper venue; District or Superior Court depends on your claim size.
• Protect UIM rights: If UIM applies, give written notice and obtain the UIM insurer’s consent before settling with the liability insurer, or allow the UIM carrier to advance the settlement amount.
• Mind the release: Do not sign a broad release that unintentionally waives claims against other insurers or defendants.
• Costs after suit: Once in court, a defense offer of judgment you beat or do not beat can shift certain court costs.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—personal injury) - Most injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1A‑1, Rule 68 (Offer of judgment) - Cost-shifting if the final judgment is not more favorable than a served offer.
• North Carolina Gen. Stat. § 7A‑38.1 (Mediated settlement conferences) - Mandatory mediation in most Superior Court civil cases.
• North Carolina Gen. Stat. § 20‑279.21 (Motor vehicle liability; UM/UIM) - UIM consent‑to‑settle and advance‑payment framework.

Analysis

Apply the Rule to the Facts: You can decline the low “final” offer from the first insurer and keep negotiating with the second. If you accept the first insurer’s offer, make sure the release preserves claims against the second insurer. If the second insurer is your UIM carrier, give it written notice and obtain consent before settling with the at‑fault insurer, or allow it to advance the settlement amount. Keep the three‑year filing deadline in mind while you negotiate.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court in the North Carolina county where the crash occurred or where a defendant resides. What: Civil Summons (AOC‑CV‑100) and a Complaint stating your claims. When: File before the three‑year statute of limitations for personal injury expires.
2. After filing, the court issues a summons and you serve each defendant. In Superior Court, the court typically orders mediation within a few months; timelines can vary by county.
3. If the case does not settle at mediation, it proceeds through discovery and pretrial motions to a bench or jury trial. The court enters a judgment, and a release is exchanged if the case settles.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you are found even slightly at fault; evaluate this risk before declining or accepting.
• Do not sign a release that waives claims against non‑settling parties unless that is your intent; reserve rights clearly.
• If UIM applies, obtain written consent from your UIM insurer before settling with the liability insurer, or follow the advance‑payment process to preserve your UIM claim.
• Negotiation does not toll the statute of limitations; calendar your deadline and leave time for filing and service.
• After suit is filed, be aware of Rule 68 offers of judgment; rejecting one and later recovering less can increase your exposure to certain court costs.

Talk to a Personal Injury Attorney

If you’re facing a “final” offer that feels too low or juggling multiple insurers, our firm can help you map the options, deadlines, and strategy. Reach out today at (919) 341-7055 to discuss your next move.

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.