Short Answer

In North Carolina, treat a reassignment as a chance to re-anchor your demand and confirm the record. Send the new adjuster a concise summary of liability, causation, and damages with the critical documents, restate your demand, and request a fresh evaluation. Keep the statute of limitations in mind (typically three years for personal injury) and set a reasonable response deadline. If negotiations stall, preserve your rights by filing suit within the deadline.

Understanding the Problem

You are negotiating a North Carolina personal injury claim, and the insurer has reassigned your file to a new adjuster. You want to know how to keep momentum, protect your rights, and push for a fairer offer when the first offer did not cover all emergency treatment costs. This is about how you, the claimant, should respond to the insurer’s internal change while staying on track toward resolution.

Apply the Law

North Carolina law does not require you to start over because of an adjuster change. Your goal is to make the new adjuster fully informed and accountable to evaluate the claim based on liability, causation, and damages using the documents you provide. Negotiations happen with the insurer, but the forum that ultimately enforces your rights is the civil court if settlement fails. The key legal clock is the statute of limitations for personal injury, typically three years from the date of injury.

Key Requirements

• Prove liability: Identify who caused the crash or incident and how their negligence led to your injuries.
• Show causation: Connect your symptoms and treatment to the incident using medical records and bills.
• Document damages: Provide itemized medical bills (including emergency care), records, wage loss proof, and reasonable out-of-pocket costs.
• Confirm the record: Ensure the new adjuster has your prior demand, key exhibits, and the insurer’s opening offer; request a fresh evaluation.
• Protect deadlines: Track the statute of limitations and set clear response timelines in writing.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52(16) (Personal injury limitations period) - 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) - Lists practices insurers must avoid when handling claims.
• AOC-CV-100 Civil Summons (North Carolina Courts) - The summons issued by the Clerk of Superior Court when you file a lawsuit to preserve your claim.

Analysis

Apply the Rule to the Facts: You already submitted a demand and received a low offer that did not fully cover emergency care. Send the new adjuster a short cover letter, your original demand, ER records and bills, and any updates, and ask for a fresh evaluation. Tie the emergency treatment to the incident, and restate your demand with a clear response date. Continue negotiating, but track the three-year deadline to file suit if needed.

Process & Timing

1. Who files: The injured person or their attorney. Where: Communicate with the insurer’s claim office; if settlement fails, file in the Clerk of Superior Court in the proper North Carolina county. What: Send an updated demand packet (summary letter, liability proof, medical records and bills, wage documentation); if suing, file a Complaint and AOC-CV-100 Civil Summons. When: Acknowledge reassignment and resend key documents within a few days; set a 10–14 day response deadline; file suit before the three-year statute of limitations.
2. Re-evaluation: Ask the new adjuster to confirm receipt, state their authority level, and provide a revised offer after reviewing the file. Follow up weekly until you receive a meaningful response; county practices and insurer workflows can affect timing.
3. Closure or litigation: If the offer aligns with the documented damages, finalize in writing with a release. If not, and the deadline approaches, prepare and file the Complaint and arrange service of the summons and complaint.

Exceptions & Pitfalls

• Deadlines don’t pause: Adjuster turnover does not extend the statute of limitations; calendar it early.
• Third-party limits: As an injured third party, your remedy for low offers is usually filing suit against the at-fault driver—not suing the insurer for claim handling.
• Documentation gaps: Missing ER records, itemized bills, or treatment gaps lead to low offers; include a clean index of exhibits.
• Recorded statements: Be cautious with new requests for recorded statements; stick to the facts and decline if unnecessary.
• Liens and offsets: Medicare/Medicaid, health plan, or provider liens must be addressed before settlement to avoid delays.
• UM/UIM issues: If underinsured motorist coverage may apply, follow policy procedures (including consent to settle) to preserve benefits.

Talk to a Personal Injury Attorney

If you're dealing with a low offer and a new adjuster in the middle of negotiations, 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.