FAQ 1: What Is a Demand Letter in a North Carolina Car Accident Claim and What Should It Include?

In North Carolina, sending a well-crafted demand letter is one of the most important steps in settling a car accident claim without going to court. A demand letter outlines your version of events, liability evidence, medical treatment and expenses, and a specific settlement request. It gives the insurance adjuster a clear roadmap for evaluating your case. To prepare a strong demand, gather all medical records, billing statements, repair estimates, and any photos or diagrams of the crash. Summarize your injuries, treatment plan, and how the accident affected your daily life. Attach supporting documents, such as:

• Police report and diagram of the collision scene
• Emergency room and follow-up treatment records
• Receipts for prescriptions, therapy, and car repairs
• Photographs of vehicle damage and your injuries

In your letter, clearly state the total amount you seek for medical bills (“special damages”) and for pain, suffering, and inconvenience (“general damages”). Set a reasonable deadline—typically 30 days—for the insurer to respond. This encourages a timely negotiation and shows you’re prepared to file suit if the insurer ignores or undervalues your claim.

Key Elements of a Demand Letter

• Crash summary with date, time, location, and weather conditions
• Explanation of liability based on North Carolina’s negligence rules
• Itemized medical treatment timeline and costs
• Documented lost wages and property damage
• Requested settlement amounts for special and general damages
• Response deadline to keep negotiations on track

If you prefer professional assistance, Wallace Pierce Law has attorneys experienced in preparing demand packages and negotiating with insurers. Email us at intake@wallacepierce.com or call (919) 313-2729 for a free case review.

FAQ 2: What Happens After Sending a Demand to the Insurance Company in North Carolina?

Once you submit your demand package, the insurance adjuster reviews it to decide whether to accept, counter, or deny your offer. In North Carolina, insurers generally respond within 30 days of receiving a demand, but timelines can vary by carrier. Here’s what you can expect and how to stay proactive:

1. Initial Review: The adjuster checks your liability proof and medical documentation.
2. Follow-Up: If the insurer hasn’t responded by your deadline, send a friendly reminder email or place a call to confirm receipt.
3. Negotiation: The insurer may offer a counterproposal. Compare it against your documented expenses and non-economic losses before responding.
4. Mediation or Appraisal: If negotiations stall, you can suggest mediation or an appraisal process to resolve disputes without full litigation.
5. Filing a Lawsuit: If no fair settlement emerges, you must file suit before North Carolina’s three-year statute of limitations expires on your personal injury claim.

Steps to Handle Your Own Post-Demand Negotiation

• Mark your calendar for the insurer’s response deadline.
• Keep detailed notes of all calls and emails.
• Compare offer amounts to your total documented losses.
• Be ready to provide additional medical records or damage estimates.
• Consider alternative dispute resolution if talks drag on.
• File suit timely if the insurer rejects your claim or stalls.

If managing these steps feels overwhelming, Wallace Pierce Law can guide you through every phase of negotiation or litigation. Email intake@wallacepierce.com or call (919) 313-2729 to discuss your case.