Short Answer

No. In North Carolina, the Clerk of Superior Court does not decide auto insurance appraisal disputes or appoint umpires in those contract matters. Appraisal disputes are typically enforced in the trial courts under your policy’s appraisal clause. Most policies require each side to pay its own appraiser and split the umpire’s fee unless a judge orders otherwise or the policy says different.

Understanding the Problem

You want to know whether you can make the North Carolina Clerk of Superior Court resolve a first-party car damage appraisal dispute and who must pay the appraisal and umpire fees. Here, the insurer’s appraisal and supplement still undervalue bumper and deck lid repairs, and the insurer says each side pays their own appraiser and splits the umpire.

Apply the Law

Under North Carolina law, the Clerk of Superior Court’s role is limited to specific probate, estate, and trust matters and some other narrow proceedings. Car damage appraisal disputes arise from your insurance contract and are handled in the trial courts (District or Superior Court), not by the clerk. If your policy has an appraisal clause, courts can enforce it and, if needed, appoint an umpire. Fee allocation almost always follows the policy’s language.

Key Requirements

• Contractual appraisal clause: Your policy must contain and you must invoke an appraisal clause to use the appraiser/umpire process.
• Impasse on amount of loss: The appraisal mechanism activates when you and the insurer cannot agree on the amount of damage or repair cost.
• Court enforcement (not the clerk): If the insurer won’t proceed or you can’t agree on an umpire, file in the trial court to compel appraisal or appoint an umpire.
• Fees follow the policy: Typically, each party pays its own appraiser and splits the umpire’s fee unless the contract or a court order states otherwise.
• Mind policy deadlines: Policies sometimes include suit-limitations or notice deadlines that can be shorter than general statutes of limitation.

What the Statutes Say

• N.C. Gen. Stat. § 7A-240 (Jurisdiction of trial divisions) - Trial courts, not the clerk, hear civil contract disputes.
• N.C. Gen. Stat. § 7A-241 (Clerk as ex officio judge of probate) - Explains the clerk’s limited probate-focused authority.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Sets standards for fair claims handling; does not set appraisal fees but can inform court review of conduct.

Analysis

Apply the Rule to the Facts: Because your dispute is about the amount of loss under an auto policy, it’s a contract issue. The clerk does not decide such disputes. If your policy’s appraisal clause is in play and you cannot agree on an umpire, you would ask the trial court to enforce the clause or appoint an umpire. Unless your policy says otherwise, you each pay your own appraiser and split the umpire’s fee, which aligns with what the insurer proposes.

Process & Timing

1. Who files: The insured policyholder. Where: Civil District or Superior Court in the North Carolina county with venue under your policy or where the loss/defendant is located. What: A motion or complaint to compel appraisal and/or appoint an umpire, attaching the policy and proof of the appraisal impasse. When: After a clear impasse on amount of loss or umpire; act before any contractual suit‑limitation or notice deadline runs.
2. The court sets a hearing; timeframes vary by county. If the appraisal clause is clear, courts often issue focused orders enforcing the process and naming an umpire if needed.
3. Appraisal proceeds: each party’s appraiser estimates the loss; if they disagree, the umpire decides. The insurer then issues payment consistent with the appraisal award and the policy.

Exceptions & Pitfalls

• No appraisal clause: If your policy lacks an appraisal clause, you cannot force appraisal; you may need to litigate valuation directly.
• Third‑party claims: Appraisal clauses usually apply to your own (first‑party) coverage, not claims against another driver’s liability insurer.
• Venue and service missteps: File in the correct county and properly serve the insurer to avoid delays.
• Fee‑shifting expectations: Courts typically honor the policy’s fee allocation (own appraiser + split umpire) absent misconduct or a different contract term.
• Delay risk: Waiting can jeopardize rights under suit‑limitation or proof‑of‑loss provisions; act promptly once negotiations stall.

Talk to a Personal Injury Attorney

If you're dealing with a low car damage valuation and a stalled appraisal, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.