How long does an insurance company usually take to respond to an accident victim's demand letter?
Detailed Answer
North Carolina law does not give a strict, across-the-board deadline for an insurance company to answer a bodily-injury demand letter that comes from the other driver’s claim (a “third-party” claim). Instead, the response time turns on two things:
North Carolina insurance regulations for prompt claim handling, and
Practical, industry-standard timelines used by adjusters when liability and medical documentation are clear.
1. What the Regulations Say
For first-party claims—when you are dealing with your own company for MedPay, uninsured/underinsured motorist (UM/UIM), or collision coverage—North Carolina requires faster action. The company must acknowledge your claim within 30 days and conduct a reasonable investigation promptly. See 11 NCAC 04.0119, the “Prompt Claim Investigation and Settlement” rule administered by the N.C. Department of Insurance (link).
Even though third-party claims are not expressly covered by that rule, many adjusters follow the same 30-day benchmark to protect themselves from allegations of unfair claim-settlement practices. Repeated, excessive delay can violate N.C. Gen. Stat. § 58-63-15(11) (forbidden “unfair methods of competition”).
2. What Usually Happens in Practice
When you send a well-supported demand package—police report, medical records, bills, wage statements, and photographs—most North Carolina liability carriers answer in 30–45 days. Responses typically fall into three categories:
Offer (full or partial).
Request for more information (e.g., additional records, clarification of lost wages).
Denial (liability or causation dispute).
Complex claims—multiple vehicles, unclear fault, significant future medical needs—or policy-limits questions can stretch the response window to 60–90 days or longer.
3. Factors That Slow Things Down
Outstanding medical treatment (the adjuster wants you “at maximum medical improvement”).
High claimed damages that approach or exceed policy limits (extra scrutiny and supervisory approval).
Liability disputes—competing witness statements, pending traffic charges, or accident-reconstruction issues.
Seasonal adjuster workloads or staffing shortages.
4. Your Options When an Insurer Delays
Follow up in writing after 30 days. Reference the date of your demand, politely request a firm response date, and keep a copy.
Escalate to the adjuster’s supervisor or claim manager if no answer arrives within 45–60 days.
File an online complaint with the North Carolina Department of Insurance Consumer Services Division if the delay appears unreasonable (ncdoi.gov).
Consider filing suit. Once litigation starts, North Carolina’s Rules of Civil Procedure give you subpoena power to obtain the carrier’s claim file, and trial deadlines push the case forward.
5. Key Takeaway
Although no statute forces a liability carrier to answer your third-party demand on a precise date, most North Carolina insurers reply within 30–45 days when they receive a complete, well-documented package. If your claim lingers past 60 days with no meaningful update, use the escalation steps above or talk with an attorney to protect your bargaining power.
Helpful Hints
Send your demand letter by certified mail or e-mail with a read receipt so you can prove the date delivered.
Include a concise summary sheet listing medical bills, wage loss totals, and policy information to speed the adjuster’s review.
Keep a simple claim diary—record every phone call, letter, and e-mail with the insurance company.
Do not sign a broad medical authorization that allows the carrier to rummage through unrelated records; provide the specific records yourself instead.
If the insurer asks for recorded statements after you have already sent your demand, politely decline or seek legal advice.
Need help getting the response—and compensation—you deserve? The attorneys at our firm have years of experience standing up to insurance companies and resolving personal-injury claims across North Carolina. Call us today at 919-313-2737 for a free, confidential consultation.
