Short Answer

In North Carolina, if the other driver’s insurer will not respond or accept fault, you are not stuck—you can press your claim and, if needed, sue the at-fault driver in state court within three years. Use your own medical payments coverage for immediate medical bills. If you lack collision coverage, vehicle repairs must be recovered from the at-fault driver (or their insurer) through settlement or a lawsuit. You may also notify your own insurer in case uninsured/underinsured coverage later applies.

Understanding the Problem

In North Carolina, can you make progress on your car and injury claim when the other driver’s insurer won’t respond or won’t accept liability after a left-turn crash, especially if you have medical payments coverage but no collision? This question focuses on what you can do next, where to do it, and by when.

Apply the Law

Under North Carolina law, the at-fault driver is legally responsible for your losses. Their insurer owes duties under its policy with that driver and must handle claims reasonably, but it does not have to pay you until liability and damages are clear or a court orders it. If the carrier stalls or denies liability, you can file suit against the at-fault driver in North Carolina court and let the court decide fault. Medical payments coverage under your own policy can pay your reasonable, necessary medical bills regardless of fault. Uninsured/underinsured motorist coverage applies only if the at-fault driver has no coverage, too little coverage, or in certain hit-and-run scenarios—not just because an insurer is slow or disputing fault. The main forum is North Carolina state court (Magistrate/Small Claims, District, or Superior Court), and the core deadline is the three-year statute of limitations for injury and property damage.

Key Requirements

• Fault and damages: You must be able to show the other driver’s negligence caused your injuries or property loss.
• Coverage status: UM/UIM applies only if the at-fault driver is uninsured, underinsured, or in some hit-and-run situations; a denial alone does not trigger UM.
• Timely filing: File any lawsuit within North Carolina’s three-year statute of limitations for personal injury and property damage.
• Proper forum: File in the correct North Carolina court based on the amount in dispute (Small Claims, District, or Superior) and proper county.
• Evidence and notice: Preserve photos, estimates, medical records, and witness info; give prompt notice to your own insurer to protect med pay and potential UM/UIM rights.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Most injury and property damage claims must be filed within three years.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability; UM/UIM) - Sets required liability coverage and rules for uninsured/underinsured motorist coverage and medical payments options.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Prohibits insurers from handling claims in unfair or unreasonable ways.

Analysis

Apply the Rule to the Facts: A left-turn in front of you often points to the other driver’s fault, but their insurer may still delay or dispute. Use your med pay now for medical bills. Because you do not have collision, vehicle repairs must be recovered from the at-fault driver or through a court judgment. If the carrier will not accept liability, you can file suit within three years; UM/UIM would only come into play if the at-fault driver is uninsured or underinsured.

Process & Timing

1. Who files: You (the injured driver). Where: Clerk of Superior Court in the county where the crash occurred or where the defendant lives. What: File a Complaint and a Civil Summons (AOC-CV-100) for District Court (claims up to $25,000) or Superior Court (more than $25,000). For property-damage-only claims within the small-claims limit, you may file in Magistrate’s Small Claims Court. When: File before the three-year statute of limitations expires.
2. Serve the defendant. Their insurer will typically appoint a defense lawyer. The case then moves through discovery and settlement discussions; timing varies by county and court calendar.
3. Resolve by settlement or trial. If you prevail or settle, you obtain payment for covered losses (vehicle damage, reasonable medical expenses, and other proven damages as allowed by law).

Exceptions & Pitfalls

• If the other driver is actually uninsured or it’s a qualifying hit-and-run, notify your insurer promptly to preserve UM rights.
• Do not rely on an insurer’s verbal assurances; send a written demand with evidence and keep copies.
• Be careful with recorded statements and broad medical authorizations; limit them to what is necessary.
• Do not sign releases or cash checks labeled “full and final” unless you intend to resolve all claims.
• A complaint to the North Carolina Department of Insurance can prompt review of claim handling, but it does not extend the court filing deadline.

Talk to a Personal Injury Attorney

If you’re dealing with an unresponsive insurer or a liability denial after a North Carolina 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.