Short Answer

In North Carolina, there is no law that forces an insurance company to respond to a third-party settlement demand by a specific date. After a demand, the insurer typically either makes an offer, asks for more information, or stays silent. Insurers must handle claims promptly and fairly, but your hard deadline is the statute of limitations (three years for most personal injury claims). If silence continues, your attorney can set a firm response date, escalate, or file suit to protect your rights.

Understanding the Problem

You’re asking, in North Carolina, what happens after you send a personal injury settlement demand to the at-fault driver’s insurer, and they have not responded in over a month. The decision point is whether to wait, escalate, or take legal action. The actor is you (through your attorney). The relief sought is a fair settlement or a clear next step, and timing matters because your filing deadline does not pause while you wait.

Apply the Law

North Carolina law does not impose a fixed response deadline on insurers for third-party demands. However, insurers are expected to handle claims promptly and in good faith, and they should attempt to settle when liability is reasonably clear and they have the records needed to evaluate damages. Your non-negotiable legal clock is the statute of limitations for personal injury, which is generally three years from the date of injury. If negotiations stall, your forum shifts from claims handling to court by filing a lawsuit; you can also seek help from the Department of Insurance if there are persistent communication issues. A written, time-limited follow-up demand that gives a reasonable window to respond is a common and effective next step.

Key Requirements

• Clear, complete demand: Include liability facts, medical records/bills, wage proof, and photos so the adjuster can evaluate without delay.
• Reasonable response window: Set a firm, reasonable deadline in writing (often 10–30 days) for a response to your follow-up.
• Written follow-up: Confirm calls by email/letter, reference the claim number, and send to the adjuster and a general claims address if needed.
• Track the statute of limitations: Do not allow negotiations to push you past the filing deadline; file suit on time if needed.
• Escalation path: If silence persists, elevate to a supervisor or file a complaint with the North Carolina Department of Insurance; consider filing suit.
• Coverage coordination: If underinsured or uninsured coverage may apply, notify your own insurer early to preserve those benefits.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Most personal injury claims must be filed within three years of the injury.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Prohibits certain unfair practices, including failing to act promptly on claims or not attempting in good faith to settle when liability is clear.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Governs uninsured/underinsured motorist coverage and coordination with liability claims.

Analysis

Apply the Rule to the Facts: With no response for over a month, a written follow-up setting a firm response date is appropriate. Reassignment to a new adjuster can slow review, but it does not change your filing deadline. If your demand included complete records and liability is strong, continued silence may justify escalation to a supervisor or a Department of Insurance complaint. If the statute of limitations is approaching, filing suit in the proper court protects your rights and compels a response.

Process & Timing

1. Who files: Your attorney. Where: Send a written follow-up to the insurer’s claims department and the assigned adjuster; if needed, submit a complaint to the North Carolina Department of Insurance, Consumer Services Division; if necessary, file a civil complaint in the appropriate North Carolina county. What: Time-limited follow-up demand; DOI consumer complaint; civil complaint and AOC-CV-100 Civil Summons. When: Give a reasonable response window (often 10–14 days) in the follow-up; file suit before the three-year statute runs.
2. Carrier response: Expect either an offer, a request for more records, or continued silence within the set window. If silence persists, escalate to a supervisor or DOI while preparing suit if the deadline is near.
3. Resolution: If you reach agreement, the insurer sends a release and settlement documents. If not, filing and serving the lawsuit moves the case into court, where the defendant must respond within standard civil deadlines.

Exceptions & Pitfalls

• Imminent deadline: If the statute of limitations is close, file suit; do not rely on a promised response date.
• Incomplete records: Gaps in medical proof or missing bills slow evaluation; send complete, organized records and confirm receipt.
• UM/UIM notice: If the at-fault driver is uninsured or underinsured, promptly notify your own insurer to preserve UM/UIM rights.
• Overly short deadlines: A time limit that is unreasonably short can be ignored; set a reasonable window and send it in writing.
• Wrong venue/party: If a government entity is involved or there are multiple potential defendants, forum and immunity rules can differ; identify the correct parties early.

Talk to a Personal Injury Attorney

If you’re facing silence after a North Carolina injury demand and need to protect your timeline, our firm can help you set a firm response date, escalate appropriately, and file on time if needed. Reach out today at (919) 341-7055.

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.