Short Answer

In North Carolina, an insurance denial does not end your car accident claim—you can still file a lawsuit against the at-fault driver (and sometimes other responsible parties). The next steps usually include hiring litigation counsel, filing a complaint in the proper county court before the statute of limitations runs, serving the defendant with a summons and complaint, and then moving into motions, discovery, and often court-ordered settlement efforts. Many cases resolve before trial, but you should prepare as if the case will be tried.

Understanding the Problem

If the insurance company is denying liability after back-and-forth communications, can you take the claim to court in North Carolina to force the issue and have a judge or jury decide who was at fault?

Apply the Law

In North Carolina, most car accident injury claims are pursued as negligence cases. An insurer can deny liability during the claim process, but that denial does not decide the legal merits of your case. To move the dispute into court, you generally file a civil lawsuit against the driver (and any other legally responsible party) in the appropriate trial court division, then properly serve the lawsuit so the court has authority over the defendant. A key trigger is the statute of limitations: if you file too late, the court can dismiss the case even if the facts are otherwise strong.

Key Requirements

• File on time: Most personal injury claims must be filed within the applicable statute of limitations, which is commonly three years for personal injury claims in North Carolina.
• File in the right place: Venue is usually proper in a county where at least one plaintiff or defendant resides (and there are special venue rules for certain case types).
• Start the case correctly: A civil action is typically commenced by filing a complaint (or, in limited situations, by issuing a summons with permission to file the complaint shortly after).
• Serve the defendant properly: The defendant must be served with a summons and complaint using a method allowed by North Carolina’s Rules of Civil Procedure.
• Be ready for defenses: The defendant may raise defenses like contributory negligence, and the party asserting that defense has the burden of proof.
• Participate in discovery: After the pleadings, both sides exchange information through written discovery, document requests, and depositions.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many civil claims, including many personal injury claims.
• N.C. Gen. Stat. § 1A-1 (Rules of Civil Procedure, including Rule 3 and Rule 4) - Covers how a lawsuit is commenced and how service of process works (summons, timing, and acceptable service methods).
• N.C. Gen. Stat. § 1-82 (Venue in all other cases) - Provides the general venue rule for where a case must be tried.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden of proving contributory negligence on the party asserting it.

Analysis

Apply the Rule to the Facts: Here, the insurer is denying liability after communications about a car accident claim. That denial is often the practical sign that negotiations may not resolve the dispute, so the next legal step is usually to have litigation counsel evaluate the evidence (including the police report) and decide whether to file a negligence lawsuit before the three-year deadline. Once filed, the case must be properly served on the defendant and then proceeds through the court process where fault and damages are addressed through evidence, motions, and (if needed) trial.

Process & Timing

1. Who files: The injured person (plaintiff), through a North Carolina attorney. Where: The Clerk of Superior Court or Clerk of District Court in the proper county (venue depends on the parties and case type). What: A civil Complaint and a Civil Summons (North Carolina court forms may be used for the summons; attorneys often draft the complaint). When: File before the statute of limitations expires—commonly within three years of the injury for many car accident injury claims.
2. Service of process: After filing, the summons and complaint must be served using a method allowed by Rule 4 (often by sheriff, certified mail, or a designated delivery service). Rule 4 includes time limits for serving the summons and ways to extend the summons if service is not completed promptly.
3. Early case phase: The defendant typically files an answer (or motions challenging the complaint, service, or venue). After that, the case moves into discovery (documents, written questions, depositions) and may include motions such as summary judgment. Courts often require or strongly encourage settlement discussions as the case develops.

Exceptions & Pitfalls

• Waiting too long to hire litigation counsel: A denial letter can arrive well before the filing deadline, but building a lawsuit-ready case (medical records, witnesses, crash evidence, defendant identification, insurance coverage investigation) takes time.
• Service problems: Filing is not the end of the deadline risk. If service is not completed correctly and on time, the defendant may challenge the case, and you may lose the benefit of the original filing date.
• Contributory negligence defenses: North Carolina recognizes contributory negligence as a defense in negligence cases; even small alleged fault can become a major litigation issue. The defendant has the burden to prove that defense, but you should expect it to be raised.
• Filing in the wrong county: Venue mistakes can cause delays and extra expense, and the defendant may ask the court to move the case.
• Assuming the insurer is the defendant: In many cases, the lawsuit is filed against the at-fault driver (and possibly others), not the insurance company that sent the denial letter.

Conclusion

After an insurance denial in North Carolina, the next step is usually filing a negligence lawsuit so a court can decide liability and damages. You must file in the proper county court and properly serve the defendant with a summons and complaint, and you generally need to do it within three years of the injury date. Next step: gather your denial letter and crash documents and have a litigation attorney review them promptly so the complaint can be filed on time.

Talk to a Personal Injury Attorney

If you’re dealing with a car accident claim denial and are considering filing suit, a personal injury attorney can help you confirm deadlines, identify the correct defendants, choose the right county for filing, and make sure service is handled correctly. Getting legal help early can also preserve evidence and position the case for settlement or trial.

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.