Short Answer

In North Carolina, back up your counter offer with clear proof of liability, complete medical documentation, and verified damages. Include medical records and bills, proof of lost income, photos and reports, a concise narrative tying treatment to the crash, and a summary of any liens (Medicaid/Medicare/provider) that must be repaid. Know the available insurance limits and the three-year lawsuit deadline; your attorney should present the demand in writing.

Understanding the Problem

You are negotiating a North Carolina personal injury auto claim, and the insurer made a first offer. Your attorney plans to present a counter offer to the adjuster, and the call through the insurer’s claims line may be recorded. The key question is: what information should you have ready so your counter offer is taken seriously and supported by evidence?

Apply the Law

Under North Carolina law, insurers evaluate counter offers based on liability (who caused the crash) and damages (your injuries, treatment, and financial losses). Medical providers and some benefit programs can assert repayment rights against your settlement, so you should identify and account for those liens in your counter. Pre-suit negotiations usually happen directly with the insurer, but your rights are ultimately protected by filing a lawsuit in the proper North Carolina court before the statute of limitations expires.

Key Requirements

• Liability foundation: Police report, photos, witness info, and a short fault summary that aligns with North Carolina traffic rules.
• Medical proof: Complete medical records and itemized bills showing diagnosis, treatment dates, provider names, and that care relates to the crash.
• Economic loss: Employer wage verification, pay stubs, tax records, and receipts for out-of-pocket costs (prescriptions, mileage, medical devices).
• Lien and benefits summary: Identify any medical provider, Medicaid, Medicare, or health plan subrogation claims and show your current lien amounts/estimates.
• Insurance coverage picture: Liability limits and any UM/UIM that may apply; note any property damage resolutions separately.
• Demand presentation: A concise letter connecting the facts, treatment, and damages, with a reasonable counter figure and supporting exhibits.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical records and lien basics) - Providers have lien rights and must furnish itemized statements on request.
• North Carolina Gen. Stat. § 44-50 (Medical provider liens; attorney lien priority) - Governs provider liens on settlements and recognizes attorney fee priority.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien) - The State may recover from third-party settlements for Medicaid-paid care.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period for personal injury) - Sets the general deadline to file a personal injury lawsuit.

Analysis

Apply the Rule to the Facts: Because your call may be recorded, keep your verbal points concise and let your written demand package do the heavy lifting. Include the collision basics to support liability, complete medical records and bills to prove injury and treatment, and wage documentation to prove income loss. Add a lien summary (e.g., any Medicaid/Medicare or provider claims) and reference available policy limits so the adjuster can evaluate your counter offer against actual risk and required repayments.

Process & Timing

1. Who files: Your attorney. Where: Insurer’s auto claims department (pre-suit); if unresolved, file in the office of the Clerk of Superior Court in the proper North Carolina county. What: A written demand letter with exhibits (police report, photos, medical records/bills, wage proof, lien summary). When: After treatment stabilizes or you have a clear prognosis—and before the three-year statute runs.
2. Insurer review and negotiation typically take 2–6 weeks per round; response times vary by carrier and claim complexity.
3. If settlement is reached, the insurer issues a release and payment; your attorney resolves liens before disbursement. If not, your attorney may file a civil complaint in District or Superior Court depending on the amount at issue.

Exceptions & Pitfalls

• Medicare, Medicaid, and some health plans have repayment rights; failing to address liens can delay payment and risk penalties.
• Medical provider liens must be handled under North Carolina’s lien statutes; request itemized bills and track negotiations.
• Minors or incompetent claimants often require court approval of settlements, and funds may need to be restricted or deposited with the court.
• Do not give broad recorded statements; keep communications precise and avoid volunteering unrelated medical history.
• Gaps in treatment, inconsistent records, or missing wage proof weaken offers—close these gaps before countering.
• Confirm all available coverages, including UM/UIM; overlooking applicable coverage can limit recovery.

Talk to a Personal Injury Attorney

If you're dealing with an auto insurer’s low opening offer and need a strong, well-documented counter, 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.