What steps can you take to ensure that the insurance company accepts liability for my injuries in North Carolina?

Detailed Answer

Insurance adjusters do not automatically accept responsibility for an accident or injury in North Carolina. Below are practical, legally-sound steps you can take to position your claim so the carrier has little choice but to concede liability.

1. Call 911 and Get an Official Report

An official police, incident, or OSHA report creates a neutral record of what happened. If the officer cites the other party for a traffic violation, that citation can serve as powerful evidence of negligence per se—fault established by statute violation.

2. Preserve Evidence Immediately

• Photographs: Take wide-angle and close-up photos of vehicles, injuries, skid marks, and the surrounding scene.
• Witness Information: Collect names, numbers, and short written statements while memories are fresh.
• Physical Evidence: Keep damaged property (e.g., torn clothing, car parts) in a safe place.

Under North Carolina’s strict contributory negligence rule, you lose all recovery if the insurer proves you were even 1% at fault. Therefore, evidence that eliminates any suggestion of your own negligence is critical.

3. Seek Prompt Medical Attention and Document Your Injuries

Adjusters look for gaps in treatment to argue your injuries are minor or unrelated. Make sure:

• You go to the emergency room or your doctor within 24 hours if possible.
• You follow every treatment recommendation and keep all bills, diagnostic images, and prescriptions.
• Your provider clearly links each injury to the accident in the medical notes.

4. Notify All Potential Carriers in Writing

Send a short, certified-mail letter to each involved insurance company identifying:

1. The policyholder’s name and claim number (if known),
2. The date, time, and location of the incident, and
3. A statement that you sustained injuries and intend to pursue a bodily-injury claim.

Written notice stops the insurer from later arguing it lacked timely knowledge of the claim.

5. Do Not Give a Recorded Statement Without Preparation

Adjusters often request a recorded interview within days. Politely decline until you have gathered key facts or spoken with an attorney. Anything you say can be used to pin partial fault on you.

6. Calculate Damages and Draft a Thorough Demand Package

Once you finish or stabilize treatment, create a demand letter that:

• Explains liability step-by-step (with photos, diagrams, citations to the police report, and witness quotes).
• Lists each category of damages (medical bills, lost wages, pain and suffering, mileage) with receipts or employer letters attached.
• References North Carolina’s minimum liability requirements under N.C. Gen. Stat. § 20-279.21 to show the carrier its exposure.

Give the insurer a firm but reasonable response deadline (e.g., 30 days).

7. Cite the Unfair Claim-Settlement Statute If Adjusters Stall

North Carolina labels certain delay tactics and low-ball offers as unfair practices. Pointing the adjuster to N.C. Gen. Stat. § 58-63-15(11) can push the carrier toward a good-faith evaluation.

8. Track Deadlines

You have three years from the injury date to file suit for most personal-injury cases (N.C. Gen. Stat. § 1-52). If negotiations stall, file or have counsel file before the statute of limitations expires; otherwise, the insurer has no legal incentive to keep talking.

9. Consider Hiring an Attorney Early

An attorney can gather evidence, handle all insurer communications, and, if needed, file a lawsuit to force disclosure through discovery. Carriers often concede liability sooner when counsel is involved because they know litigation is imminent if they refuse.

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Helpful Hints

• Save all correspondence—letters, emails, voice mails—from the insurer in one folder.
• Keep a pain journal. Daily notes about how injuries affect tasks can bolster your general-damages claim.
• Check social media privacy settings; photos showing strenuous activity may hurt your credibility.
• Ask your health insurer for a lien amount in writing so you understand reimbursement obligations.
• If you receive a denial of liability, request the written basis and any documents the adjuster relied on.

In short, clear evidence, prompt documentation, and strategic communication give the insurance company little room to deny liability under North Carolina law. Still, every case is unique, and one misstep can jeopardize your claim.

Need help compelling the insurer to accept responsibility? The personal-injury attorneys at our firm have years of experience handling North Carolina claims. Call us today at 919-313-2737 for a free, no-obligation consultation.

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