Short Answer

In North Carolina, confirm the insurer’s reevaluation promise in writing, send any new medical or liability documents, and set a clear follow‑up date. Insurers must handle claims promptly and fairly, but a promise to reevaluate does not pause your filing deadline. If the claim involves a minor or a wrongful death, court approval may be required before accepting any new offer. If progress stalls, escalate, complain to the N.C. Department of Insurance, or file suit before time runs out.

Understanding the Problem

You’re dealing with a North Carolina bodily injury claim and the insurer said they would reevaluate settlement. As the claimant (or your attorney), can you rely on that promise and what should you do next to protect your case? One salient fact: counsel reached a claims specialist and left a voicemail after navigating an automated system that required a claim number.

Apply the Law

North Carolina law requires insurers to acknowledge communications, investigate fairly, and attempt prompt, equitable settlements when liability is reasonably clear. A verbal promise to “reevaluate” does not extend your statute of limitations. Keep negotiations moving in writing, provide updated proof of damages, and calendar your filing deadline. If the claim is for a minor or a wrongful death, expect court involvement before a settlement can be finalized.

Key Requirements

• Confirm and document: Put the reevaluation promise in writing, include the claim number, and request a written response deadline.
• Update the record: Send new medical bills, treatment records, wage loss proof, and any liability evidence so the adjuster can reevaluate.
• Protect deadlines: A promise does not toll the statute of limitations; calendar it and be ready to file suit if needed.
• Court approval (special cases): For minors or wrongful death claims, a judge generally must approve settlements before any release is effective.
• Escalate if delayed: If the insurer is not responsive, ask for a supervisor, consider a N.C. Department of Insurance complaint, and evaluate civil remedies.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15 (Unfair claim settlement practices) - Insurers must act promptly and fairly; certain delays or low offers can be unlawful.
• North Carolina Gen. Stat. § 75-1.1 (Unfair and deceptive trade practices) - Unfair insurance claim conduct can support civil remedies.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1-53(4) (Two-year limitations for death) - Wrongful death claims typically must be filed within two years.

Analysis

Apply the Rule to the Facts: Because counsel reached the carrier and left a voicemail with the claim number, follow up immediately in writing to confirm the reevaluation and request a response date. Include updated medical bills, records, and any liability proof to enable a fair reassessment. Track the statute of limitations; a phone promise does not extend it. If either client is a minor or the claim is for wrongful death, plan for court approval before any settlement is finalized.

Process & Timing

1. Who files: The claimant or attorney. Where: Insurer’s claims department (and, if needed for approval, before a Superior Court judge in North Carolina). What: Written follow‑up confirming reevaluation, updated demand and exhibits. When: Send within 2–3 business days; request a written response within 10–14 days.
2. If no meaningful response by the follow‑up date, escalate to a supervisor and consider a complaint to the N.C. Department of Insurance; agencies typically require the insurer to provide a written response, though timing can vary.
3. If a new offer is made and acceptable, finalize in writing; for minors or wrongful death, seek judge approval before signing any release. After approval, execute the release and resolve liens; payment timing varies by carrier and county.

Exceptions & Pitfalls

• A reevaluation promise does not toll your filing deadline—calendar it and be ready to file.
• Do not sign a release without required judge approval if a minor or wrongful death is involved.
• Address medical liens (including possible Medicare/Medicaid and provider claims) before disbursement; procedures and caps can affect allocation.
• Avoid informal recorded statements or broad authorizations without guidance; keep communications in writing and organized.

Talk to a Personal Injury Attorney

If you’re waiting on an insurer to reevaluate your injury settlement, our firm can help you push for a fair offer while protecting your deadlines. Call us today to discuss your options.

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.