What can I do if my insurance company won’t return calls or seems to be delaying my car accident claim?
What can I do if my insurance company won’t return calls or seems to be delaying my car accident claim? - North Carolina
Short Answer
In North Carolina, you can push a delayed car accident claim forward by creating a clear paper trail, making a written demand for a status update and a coverage/claim decision, and escalating the issue to a supervisor or the North Carolina Department of Insurance if the insurer still will not respond. If the crash involves a hit-and-run or an uninsured driver, you also need to protect any uninsured/underinsured motorist (UM/UIM) deadlines, which can require written notice and careful timing before filing suit. If delays threaten a legal deadline, talk with a personal injury attorney promptly so you do not lose your right to recover.
Understanding the Problem
If you were rear-ended in North Carolina and your insurer (or the other driver’s insurer) is not returning calls or keeps saying the claim is “under review,” the practical question is: what steps can you take to force a response without accidentally harming your car accident claim—especially if the at-fault driver fled and may be uninsured?
Apply the Law
North Carolina law requires auto policies issued here to include uninsured motorist coverage (and typically underinsured motorist coverage), and it sets specific notice and timing rules for uninsured motorist and hit-and-run claims. Separately, North Carolina has a general law that prohibits unfair or deceptive acts in commerce, which can apply to certain insurance-claims conduct depending on the facts. The main “forum” for pushing a stalled claim is usually not a courtroom at first—it is written communication with the adjuster/supervisor and, if needed, a complaint to the North Carolina Department of Insurance. If the delay risks the statute of limitations or UM/UIM notice requirements, filing a lawsuit in the appropriate North Carolina court may be necessary to preserve your rights.
Key Requirements
Documented communication: You generally get better results (and protect yourself) when you communicate in writing, keep copies, and set reasonable deadlines for a response.
Clear claim posture: Insurers often delay when they lack key items (medical records, bills, wage documentation, crash report, photos, or a recorded statement). You can reduce “excuses” by confirming exactly what they say they still need.
UM/UIM protection if the other driver fled or is uninsured: Hit-and-run and uninsured motorist claims can have special notice and timing rules, including advance notice before filing suit and additional reporting/notice steps for unknown drivers.
Preserve legal deadlines: Even if an adjuster is slow, the statute of limitations and UM/UIM timing rules do not stop running just because the insurer is not calling back.
Escalation options: You can escalate within the insurance company (supervisor/claims manager) and externally (North Carolina Department of Insurance consumer complaint) when communications break down.
Be careful with settlements and Medicare: If Medicare paid for treatment, settlement timing and documentation matter; delays sometimes arise when insurers request lien/conditional payment information.
Apply the Rule to the Facts: Here, the at-fault driver allegedly fled and may have been uninsured, which makes your own UM coverage a potential path to recovery and also makes notice and timing especially important. Ongoing neck/back treatment (therapy, injections, and possible surgery) often means the insurer will say it is waiting on records, imaging, and a clearer prognosis—especially where imaging suggests possible pre-existing conditions. Even so, you can require the insurer to tell you in writing what they need, what they have received, and when they will make the next decision.
Process & Timing
Who files: You (the claimant/insured) or your attorney. Where: With the insurance adjuster/claims department in North Carolina (and, if needed, the North Carolina Department of Insurance). What: A written status-demand letter or email that (a) lists prior call attempts, (b) requests the claim number, adjuster contact info, and supervisor contact info, (c) asks for a written list of all items still needed, and (d) sets a firm response deadline (for example, 10 business days). When: As soon as you see a pattern of non-response—do not wait until a legal deadline is close.
Escalate if no response: If the adjuster does not respond by your deadline, send a follow-up to the supervisor/claims manager and request confirmation of coverage position and next steps. If the claim involves UM/hit-and-run, include that you are providing notice under the UM provisions of your policy and North Carolina law and that you need written guidance on any forms or information they require.
Protect the lawsuit deadline if needed: If the insurer still stalls and a statute-of-limitations deadline is approaching, you may need to file a lawsuit in the appropriate North Carolina court to preserve your claim. For UM claims, North Carolina law can require advance notice before initiating suit and has additional rules for hit-and-run/unknown drivers, so timing and method of notice matter.
Exceptions & Pitfalls
UM/hit-and-run notice traps: When the at-fault driver is unknown or uninsured, North Carolina’s UM statute includes specific reporting/notice steps and waiting periods before suit in some situations. Missing these can create avoidable coverage fights.
“We’re waiting on records” delays: Sometimes the insurer truly has not received records, or it requested them from the wrong provider. Ask for a written list of what was requested, when, and from whom, then offer to sign updated authorizations or provide records yourself.
Pre-existing condition arguments: If imaging shows degenerative changes or older findings, insurers often slow down while they look for prior records. That does not mean your claim is invalid, but it does mean you should expect requests for prior medical history and be consistent in how you describe symptoms before and after the crash.
Recorded statements and broad authorizations: Insurers may request a recorded statement or very broad medical authorizations. These can be appropriate in some cases, but they can also create issues if handled casually. Consider getting legal advice before agreeing, especially in a UM claim where your insurer may act like an opposing party.
Medicare complications: If Medicare paid for accident-related care, settlement often requires confirming and addressing Medicare’s repayment rights. Delays can happen if the insurer wants lien information or if documentation is incomplete.
Conclusion
If your insurance company is not returning calls or is delaying your North Carolina car accident claim, you can take control by switching to written communication, demanding a written status update and a list of what the insurer still needs, and escalating to a supervisor or the North Carolina Department of Insurance if the silence continues. When the at-fault driver fled or may be uninsured, protect UM/hit-and-run notice and timing rules under North Carolina law. Next step: send a written status-demand letter to the adjuster and supervisor and calendar the response deadline.
Talk to a Personal Injury Attorney
If you're dealing with an insurance company that will not return calls or seems to be delaying a North Carolina car accident claim—especially where the other driver may be uninsured—our firm has experienced attorneys who can help you understand your options and timelines. Call [CONTACT NUMBER] today.
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.
