Short Answer

In North Carolina, do not wait indefinitely for a promised offer. Confirm in writing with the adjuster, set a short response deadline, and protect your statute of limitations by filing a lawsuit if the deadline is approaching. If you file, the Clerk of Superior Court issues your summons, and you must serve the defendant under Rule 4—insurer delays do not pause your filing deadline.

Understanding the Problem

In North Carolina personal injury cases, the question is: “What steps should I take when an insurer says an offer is coming but nothing arrives?” You are the claimant; the action is to keep your claim moving and protect your rights; the key trigger is the insurer’s silence after promising a preliminary offer. One salient fact here: you already sent a demand, and the adjuster said a preliminary offer was forthcoming.

Apply the Law

Under North Carolina law, an insurer’s delay does not extend your statute of limitations. The main forum if settlement stalls is the civil courts—file a complaint with the Clerk of Superior Court in the proper county and have the clerk issue a civil summons. Service must follow Rule 4. Personal injury claims generally have a fixed filing deadline, so timing matters more than the insurer’s internal audit or workload.

Key Requirements

• Written follow‑up: Email or letter to the adjuster summarizing prior communications, confirming your contact info, and setting a short deadline for their offer or position.
• Preserve the deadline: Track the statute of limitations; if it is nearing, file suit to toll it rather than waiting on negotiations.
• Choose the forum/venue: File in a North Carolina county with proper venue (often where the incident occurred or where a defendant resides).
• Start the case correctly: File a complaint and have the Clerk of Superior Court issue a civil summons; serve the defendant(s) under Rule 4.
• Expect litigation steps: After service, the defendant typically has 30 days to answer; courts commonly require mediation in civil cases, which can restart productive settlement talks.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—generally 3 years for negligence) - Sets common filing deadlines for personal injury claims.
• North Carolina Gen. Stat. § 1-53 (Two-year limitation for certain claims) - Includes the wrongful death limitation period.
• North Carolina Gen. Stat. § 1A‑1 (Rules of Civil Procedure—Rules 3 and 4) - Commences a civil action and governs issuance/Service of the summons and complaint.
• North Carolina Gen. Stat. § 7A‑38.1 (Mediated settlement conferences) - Courts commonly order mediation in civil actions.

Analysis

Apply the Rule to the Facts: You sent a demand and the adjuster mentioned a preliminary offer, but none arrived. Put your follow-up in writing with a short, clear deadline for their response. Because the insurer’s audit does not extend your filing deadline, confirm your statute of limitations date and, if it is approaching, file a complaint so the clerk can issue a summons and you can serve the defendant under Rule 4. Your attorney’s ongoing follow-up and corrected email help, but preserving the deadline controls the strategy.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court in a North Carolina county with proper venue (often the incident county or a defendant’s residence). What: Civil Summons (AOC‑CV‑100) and a Complaint; if time is short, use the Rule 3 procedure to commence and then file the complaint within the allowed period. When: File before your statute of limitations expires (many negligence claims are three years; wrongful death is two years).
2. After filing, the clerk issues the summons. Serve each defendant under Rule 4 (typically sheriff, certified mail, or designated delivery). The defendant generally has 30 days after service to answer; extensions are common but do not affect your original filing deadline.
3. The court will set case management and usually order mediation. If settlement is reached, the parties finalize a written agreement and, after payment, file a voluntary dismissal. If not, the case proceeds to discovery and trial.

Exceptions & Pitfalls

• Insurer delay does not toll the statute of limitations; do not rely on verbal promises about “an offer is coming.”
• Venue is about the proper county, and it can be waived—filing in a clearly improper county can cause delay or transfer.
• Service must follow Rule 4; improper service or letting a summons lapse can jeopardize your case. If service fails, follow the rules for renewing or reissuing the summons promptly.
• Different claims have different deadlines (for example, wrongful death or medical malpractice). Identify your exact deadline before deciding to wait on negotiations.
• Keep a written log of all communications and confirm any change to your contact information in writing to avoid missed emails or calls.

Talk to a Personal Injury Attorney

If you're dealing with a stalled settlement after an insurer said an offer was coming, 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.