Short Answer

In North Carolina, if negotiations stall below your minimum, you can file a civil lawsuit before the statute of limitations expires. For most personal injury claims, you have three years from the crash to sue, and you must serve the summons and complaint properly and on time. If your claim is $25,000 or less, it will typically proceed in District Court and may be sent to nonbinding, court-ordered arbitration before trial.

Understanding the Problem

You’re asking whether, under North Carolina personal injury law, you can sue when an insurer won’t meet your minimum settlement. You (the injured person) want to know how to move from talks to filing a lawsuit in the proper court and on time. One key fact here: you set a minimum acceptable offer of $6,500 that the insurer won’t meet.

Apply the Law

North Carolina law lets you file a civil action for personal injury within a defined time limit and requires you to serve the defendant correctly. Smaller cases (generally $25,000 or less) are filed in District Court and usually go to nonbinding, court-ordered arbitration before any trial. The main forum is the Clerk of Superior Court (civil filing), and the core deadlines are the statute of limitations and the service-of-process time limits.

Key Requirements

• File on time: Most personal injury claims must be filed within three years of the accident.
• File in the right court: Claims up to $25,000 generally go to District Court; higher claims go to Superior Court.
• Serve properly: After filing, you must serve the summons and complaint under Rule 4 and keep the summons active if service takes time.
• Arbitration step: District Court cases often go to nonbinding court-ordered arbitration before trial; either side can request a trial de novo afterward.
• Proof of damages: You must document medical bills, lost wages, and other losses to support your claim.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most negligence actions must be filed within three years.
• North Carolina Rules of Civil Procedure, Rule 4 (Service of process) - Sets how to serve and how to keep a summons active if initial service is not completed.
• North Carolina Gen. Stat. § 7A-37.1 (Court-ordered arbitration) - Authorizes nonbinding arbitration in certain District Court civil cases.

Analysis

Apply the Rule to the Facts: Because your claim stems from a recent accident, you generally have three years to file suit. Given your minimum of $6,500, the case likely belongs in District Court (claims up to $25,000). After filing, you must serve the defendant under Rule 4 and keep the summons active if service takes time. Expect nonbinding arbitration before any District Court trial; if the award is unsatisfactory, either side can request a trial de novo.

Process & Timing

1. Who files: You (the plaintiff) through your attorney. Where: Clerk of Superior Court, Civil Division, in the county where the crash occurred or where the defendant resides (North Carolina). What: Civil Summons (AOC-CV-100) and a Complaint stating your negligence claim and damages. When: File within three years of the accident; serve the defendant promptly under Rule 4 and keep the summons active if service is delayed.
2. After service, the defendant typically has 30 days to answer. District Court cases are commonly referred to court-ordered, nonbinding arbitration; the hearing is scheduled relatively early in the case, with local timelines varying by county.
3. If either party rejects the arbitration award, timely request a trial de novo; the case proceeds toward pretrial and trial in District Court, or it may settle at any point.

Exceptions & Pitfalls

• Shorter or different deadlines may apply if the defendant is a government entity or if a different statute governs your claim; procedures and deadlines can change.
• Missing service deadlines or failing to keep the summons active can lead to dismissal; use alias and pluries or endorsements as needed under Rule 4.
• Naming the wrong defendant (e.g., misidentifying a corporate owner or driver) can delay service and jeopardize deadlines; confirm legal names and addresses before filing.
• Lien traps: health insurers, Medicare, or Medicaid may assert liens that must be addressed from any recovery; plan for this during litigation.

Talk to a Personal Injury Attorney

If you're dealing with stalled negotiations after a car accident and need to consider filing suit, 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.