Short Answer

In North Carolina, if an adjuster says they cannot go higher, you can increase leverage by sending a well-documented, time-limited demand within policy limits, asking for supervisor review, and filing a lawsuit if needed. If the true cap is the at-fault driver’s policy limits, you can pursue your own underinsured motorist (UIM) coverage, reduce medical liens/charges, or litigate to prove value. Insurers must handle claims in good faith, and a reasonable within-limits demand can increase pressure. Most injury claims have a three-year deadline from the crash date.

Understanding the Problem

You’re the injured person in North Carolina asking: when the insurer says they’ve hit their “settlement limit,” what steps can I take to move the number or otherwise resolve my claim? In your case, you received chiropractic care for soft tissue injuries. The key decision is whether to keep negotiating pre-suit, escalate, or file a lawsuit while protecting other coverage and your net recovery.

Apply the Law

Under North Carolina law, an insurer’s “authority” is just the adjuster’s internal ceiling; it is not the same as the at-fault driver’s liability policy limits. If liability is clear and documented damages support a within-limits settlement, a clear, time-limited demand increases pressure on the insurer to pay fairly. When the at-fault policy truly caps recovery, you may look to your own UIM coverage, and you must protect those rights before signing any release. Medical liens and provider claims can also affect your net recovery and can be negotiated within statutory rules. The main forum if negotiations stall is the North Carolina trial courts, filing with the Clerk of Superior Court. Most personal injury claims have a three-year filing deadline from the crash date, but procedures and timelines can vary by issue and county.

Key Requirements

• Clear liability and damages: Show fault and support your injuries with records, bills, and proof of lost income.
• Reasonable, time-limited demand: Make a written demand within policy limits, give a clear deadline, and include the key evidence you want the insurer to consider.
• Escalation beyond adjuster authority: Ask for written confirmation of policy limits and request review by a supervisor or claims committee.
• Protect UIM rights: If your losses exceed the at-fault limits, notify your own insurer, and obtain written consent before settling and releasing the at-fault driver.
• Address medical liens/charges: Apply North Carolina’s medical lien rules and negotiate balances to improve your net recovery.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage) - Sets rules for uninsured/underinsured motorist coverage, including procedures that affect consent to settle and UIM claims.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Authorizes health care provider liens on injury recoveries when bills and records are furnished.
• N.C. Gen. Stat. § 44-50 (Lien limits and distribution) - Limits how injury settlements are distributed to providers and preserves a portion for the injured person.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists practices insurers must avoid when adjusting claims.

Analysis

Apply the Rule to the Facts: Here, you have soft tissue injuries with chiropractic treatment and a low offer. A written, time-limited demand that stays within the at-fault limits and includes medical records, bills, and a concise liability summary can increase pressure. If the adjuster’s “maximum authority” is below policy limits, request supervisor review; if the true cap is the liability limit and your losses exceed it, preserve UIM rights before any release and consider filing suit to prove value.

Process & Timing

1. Who files: You (through your attorney). Where: Clerk of Superior Court in the North Carolina county where the crash occurred or the defendant resides. What: Start with a documented, time-limited demand; if not resolved, file a Complaint and Civil Summons (AOC-CV-100) and serve the defendant. When: Most injury suits must be filed within three years of the crash; demand deadlines are typically 15–30 days, but can vary.
2. Next step: After suit, the insurer assigns defense counsel; expect an Answer within the civil rules’ timeframe. Courts commonly require mediation; discovery follows. Settlement often improves after suit and after mediation, but timing varies by county and case complexity.
3. Final step: Resolution by settlement (release and dismissal) or trial (verdict and judgment). If damages exceed the at-fault limits, pursue UIM by giving your insurer notice and obtaining written consent before any liability settlement.

Exceptions & Pitfalls

• If the offer equals the at-fault policy limits, more pre-suit haggling may not help; instead, preserve and pursue UIM benefits.
• Do not settle with or release the at-fault driver without your UIM insurer’s written consent; doing so can forfeit UIM benefits.
• Adjuster “authority” is not the same as policy limits; ask for supervisor review and written confirmation of limits.
• Submit complete, organized records; missing bills, wage proof, or medical narratives can depress offers.
• Account for medical liens and balances under North Carolina lien rules; negotiate where allowed to improve net recovery.

Talk to a Personal Injury Attorney

If you're dealing with a low offer or an insurer that won’t move off its number, our firm can help you evaluate coverage, protect UIM rights, and time a strong demand or lawsuit. Reach out today.

Call (919) 341-7055 or email intake@piercelaw.com.

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.