Short Answer

In North Carolina, you cannot force a liability insurer to call you back, but you can move your claim forward. Send a concise written demand with proof and a clear response date, open any available Medical Payments or UM/UIM claims with your own insurer, and consider filing a complaint with the North Carolina Department of Insurance. If there is still no progress, file a lawsuit against the at-fault driver before the three-year statute of limitations runs; service of the lawsuit typically prompts the insurer to respond.

Understanding the Problem

You’re asking: in North Carolina, as an injured passenger, what can you do right now when the at-fault driver’s insurance adjuster will not respond? You want practical steps to get movement on your injury claim without missing deadlines. You have ER records (including a CT scan) and you still have back and arm pain, but the insurer is not returning calls.

Apply the Law

Under North Carolina law, a third-party liability insurer (the at-fault driver’s insurer) owes its contractual duties to its policyholder, not to you. The insurer must avoid unfair claim practices, but a delay alone does not give a third-party claimant a direct lawsuit against the insurer. Your main legal lever is to sue the at-fault driver within the statute of limitations. You may also pursue benefits under your own policy, such as Medical Payments coverage and Uninsured/Underinsured Motorist coverage, which require prompt notice and cooperation under the policy.

Key Requirements

• Document and demand: Send a written demand with medical records and bills, liability facts, and a firm response date.
• Use your own coverage: Open any Medical Payments and UM/UIM claims with your insurer promptly and follow policy requirements.
• Escalate regulator-side: You may file a complaint with the North Carolina Department of Insurance about claim-handling delays.
• File suit if needed: If no movement, file a civil lawsuit against the at-fault driver in the proper North Carolina court.
• Meet deadlines: Personal injury claims generally have a three-year statute of limitations from the crash date.
• Serve the defendant: Proper service of the lawsuit triggers the defendant’s duty to respond and usually brings the insurer to the table.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Prohibits insurers from certain delaying or unfair practices.
• North Carolina Gen. Stat. § 75-1.1 (Unfair or deceptive acts) - Declares unfair or deceptive acts in commerce unlawful.

Analysis

Apply the Rule to the Facts: As a passenger with ER care and ongoing pain, you have medical proof and a clear injury path. Because the at-fault insurer is ignoring you, send a written demand with your records and set a response date. Simultaneously, open any Medical Payments and UM/UIM claims with your insurer and file a regulator complaint if delay continues. If there is still no response, file suit against the at-fault driver before the three-year deadline to compel an answer.

Process & Timing

1. Who files: You (or your attorney). Where: Send a written demand to the at-fault driver’s insurer; open your own MedPay/UM/UIM claim with your insurer; file a regulator complaint with the North Carolina Department of Insurance; and, if needed, file a civil Complaint and Summons with the Clerk of Superior Court in the county where the defendant resides or where the crash occurred. What: Written demand with records; insurer claim submissions; regulator complaint; civil Complaint and Summons. When: Do this as soon as practical and before the three-year statute of limitations.
2. After you file suit, arrange service of process on the at-fault driver (sheriff or certified mail). Once served, defense counsel is usually appointed and a formal response is filed; scheduling and discovery follow, with timing varying by county.
3. Resolution occurs by settlement or judgment. If you settle, the insurer issues payment in exchange for a signed release; if not, the court ultimately enters judgment.

Exceptions & Pitfalls

• North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault; passengers are usually not at fault unless they contributed to the risk (for example, knowingly riding with an impaired driver).
• Do not miss policy deadlines for MedPay/UM/UIM; give prompt notice and follow your policy’s cooperation requirements.
• Gaps in medical care weaken claims; follow up with your providers so your injuries are documented.
• Recorded statements to the at-fault insurer are optional and can be used against you; your own insurer may require cooperation under your policy.
• Talking with an adjuster does not extend the statute; calendar the court-filing deadline.

Talk to a Personal Injury Attorney

If you’re dealing with an unresponsive insurance adjuster after a North Carolina car crash, our firm can help you understand your options and timelines. Reach out today.

Call (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.