What steps should I take if the other driver’s insurer classifies the collision as no-fault and stalls the investigation?
What steps should I take if the other driver’s insurer classifies the collision as no-fault and stalls the investigation? - North Carolina
Short Answer
North Carolina is a fault-based state, so an adjuster calling your crash “no-fault” does not decide liability. If the other insurer stalls, document everything, use your own coverages (collision, MedPay, and potentially UM/UIM), and press the claim in writing with clear deadlines. Preserve evidence, continue appropriate medical care, and be mindful of North Carolina’s filing deadlines—especially different rules for a minor’s claim versus a parent’s medical-expense claim.
Understanding the Problem
In North Carolina, can you move your injury and property claims forward when the other driver’s insurer says the crash is “no-fault” and delays deciding liability? Here, your minor daughter was hit while stopped at a stop sign, the police issued no citation, and the other insurer is still “investigating.” You need to know what steps you can take now to protect both the injury claim and your property claim.
Apply the Law
North Carolina uses a fault system for car crashes. To recover from the other driver’s insurer, you generally must show negligence (duty, breach, causation, damages). A police report or lack of a ticket does not control civil liability. Because North Carolina applies contributory negligence, any fault assigned to the injured driver can bar recovery, subject to narrow doctrines. For minors, the filing rules differ: the child’s personal claim is typically tolled, but a parent’s claim for the child’s medical expenses has its own deadline. Claims can be presented to insurers, but if they stall, you may file a civil action in the county where the defendant resides or where the crash occurred.
Key Requirements
Negligence: Show the other driver breached a traffic duty (for example, failing to stop) and caused the crash.
Causation and damages: Link the collision to your daughter’s injuries and your financial losses with records and bills.
Contributory negligence risk: In North Carolina, any fault on the injured driver can bar recovery; minors are judged by an age-appropriate standard.
Timely action: Meet civil filing deadlines; the child’s injury claim is typically tolled, but a parent’s claim for medical expenses is not.
Coverage coordination: Use your own collision/MedPay/UM or UIM benefits while liability is disputed; your insurer may seek reimbursement later.
Forum: Settle with insurers or file a lawsuit in the North Carolina General Court of Justice via the Clerk of Superior Court.
Apply the Rule to the Facts: Your daughter was stopped and struck by a driver who rolled a stop sign—facts that support negligence by the other driver and reduce contributory negligence risk. The lack of a citation does not prevent a civil claim. While the other insurer delays, use your collision coverage for the car and consider MedPay for treatment costs; keep bills and records to prove damages. Track deadlines: your daughter’s personal injury claim is generally tolled, but your claim for her medical expenses is not.
Process & Timing
Who files: The parent (for a minor) and/or the injured child (through a parent/guardian). Where: Open/continue claims with your insurer and the other insurer; if needed, file a civil action with the Clerk of Superior Court in the county of the defendant’s residence or where the crash occurred. What: For suit, file a Complaint and Civil Summons (AOC-CV-100). For insurer delay, consider the NC Department of Insurance Consumer Complaint Form. When: Give prompt written notice to your insurer per your policy; if the adverse insurer has not decided liability after a reasonable period (often 30–45 days), set a written deadline and consider escalation.
Preserve and build evidence: request the police report, photograph vehicle damage and the scene, identify witnesses, and send a preservation letter to the other driver/insurer asking them to keep vehicle and electronic data. Continue reasonable medical care and keep all records and receipts.
If still stalled, send a settlement demand with a clear response date. If there is no resolution, file suit before the statute of limitations expires. Note that minor settlements often require court approval; plan additional time for that process.
Exceptions & Pitfalls
Contributory negligence can bar recovery; keep statements factual and avoid admitting fault.
Do not give a recorded statement to the other driver’s insurer without legal advice; instead, communicate in writing and set reasonable deadlines.
Use your own MedPay/UM/UIM and collision coverage to keep bills and repairs moving; policies often require prompt notice and cooperation.
Gaps in treatment, missing bills, or social media posts can undermine your injury claim—keep consistent care and documentation.
For a minor’s claim, court approval of any settlement may be required; do not sign releases that attempt to bypass required approvals.
If the insurer’s delay persists, consider filing a complaint with the North Carolina Department of Insurance to prompt review of claim-handling practices.
Conclusion
North Carolina follows a fault system, so an adjuster’s “no-fault” label does not end your claim. Press the investigation in writing, preserve evidence, use your own collision and MedPay/UM-UIM benefits, and track deadlines. The child’s personal claim is typically tolled, but a parent’s claim for medical expenses is not. If negotiations stall, file a Complaint and Civil Summons with the Clerk of Superior Court before the three-year deadline.
Talk to a Personal Injury Attorney
If you’re dealing with an insurer calling your North Carolina crash “no-fault” and dragging its feet, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.
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.
