Short Answer

In North Carolina, include clear proof of liability, causation, and damages. That means the crash report, photos/video, witness statements, weather details, and any citations (liability); medical records and itemized bills linking your injuries to the crash (causation); and documentation of lost wages, out-of-pocket costs, and property damage (damages). Organize the packet with a concise summary and attach source documents; request a written response by a set date.

Understanding the Problem

You want to know what to send an insurance adjuster in North Carolina when you prepare a pre-suit demand after a rear-end crash on a snowy main street. You are the injured driver asking what evidence you must include to prove fault, your injuries, and your losses so the insurer will evaluate your claim.

Apply the Law

Under North Carolina law, a demand letter is not required by statute, but it is the standard first step to resolve a car accident claim before filing suit. The letter should marshal admissible-style proof on three points: liability (who caused the crash), causation (the crash caused your injuries), and damages (what the crash cost you). Negotiations usually run through the at-fault driver’s insurer. If settlement fails, you file in District or Superior Court depending on the amount in controversy. North Carolina generally allows three years to file a negligence action, but procedures can vary.

Key Requirements

• Liability proof: Crash report, photos/video, witness statements, weather/road condition evidence, and any traffic citations or data showing speeding or following too closely.
• Causation link: Medical records that connect diagnosed injuries to the crash, provider narratives, and a simple treatment timeline without gaps.
• Damages documentation: Itemized medical bills, prescriptions, therapy invoices, mileage logs, pay stubs and an employer letter for lost wages, and repair estimates/photos for property damage.
• Insurance and liens: Health insurance explanations of benefits and notice of any known liens (e.g., health plan, Medicare/Medicaid), so the carrier understands what must be repaid.
• Organization: A brief summary with a table of contents and a spreadsheet-style summary of bills and losses, backed by attached records and receipts.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for negligence) - Most personal injury claims must be filed within three years.
• N.C. Gen. Stat. § 20-141 (Speed restrictions) - Drivers must operate at a speed reasonable and prudent for existing conditions, including weather.
• N.C. Gen. Stat. § 20-152 (Following too closely) - Prohibits unsafe following that prevents timely stopping.

Analysis

Apply the Rule to the Facts: Liability: A rear-end collision on a snowy main street with the other driver speeding and failing to brake points to violating the duty to drive at a reasonable speed for conditions and not follow too closely. Include the crash report, photos of the scene and road surface, any dashcam footage, and statements from anyone who saw the impact or skid. Causation: Attach medical records from the first visit through follow-up care that tie your symptoms to the crash. Damages: Provide itemized bills, receipts, and a simple ledger of costs, plus pay stubs and an employer letter confirming missed time and rate of pay. Note your evasive swerve to avoid bushes to show you acted reasonably to reduce harm.

Process & Timing

1. Who files: You or your attorney. Where: Send to the at-fault driver’s liability insurer (claims adjuster) in North Carolina. What: A cover letter summarizing liability, injuries, and a demand amount; attach the DMV-349 crash report, photos/video, witness statements or affidavits, medical records and itemized bills, wage proof (pay stubs and employer letter), and receipts. When: Typically after your treatment stabilizes or your doctor identifies maximum medical improvement; request a written response within 30 days.
2. Insurer review and negotiations usually take a few weeks; adjusters often ask for clarifications or missing records. Keep your summary ledger current and promptly provide any reasonable updates.
3. If settlement stalls, prepare to file suit. North Carolina generally allows three years from the crash to file a negligence lawsuit; court selection depends on claim value.

Exceptions & Pitfalls

• Contributory negligence: Even small alleged mistakes can be raised to limit recovery; use weather evidence and witness statements to show you drove reasonably and took safe evasive action.
• Gaps or inconsistencies in treatment: Keep your treatment timeline tight; include provider notes that explain any breaks in care.
• Unsworn or vague statements: Where helpful, use signed witness statements and an employer letter on company letterhead for wage loss.
• Missing liens and EOBs: Identify known health plan or government liens early; note them in the demand so resolution is practical.
• Disorganized packets: Use a table of contents and a spreadsheet summary of bills and losses with page citations to the attached records.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina car accident claim and need to assemble a strong demand package, 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.