Short Answer

In North Carolina, start by documenting fault and your losses, then identify every insurance policy that might apply. Give your own insurer written notice of a potential underinsured motorist (UIM) claim and do not accept the at‑fault driver’s liability policy limits without your UIM carrier’s written consent. After you request consent, your UIM insurer generally has 30 days to consent or advance the liability limits to preserve its rights.

Understanding the Problem

You want to know how, in North Carolina, you (the injured person) can gather all the information needed to evaluate and pursue a UIM claim before you settle with the at‑fault driver’s insurer. The decision point is what to collect and when to notify your UIM insurer so you protect coverage while organizing proof of fault, damages, and all available policies.

Apply the Law

In North Carolina, UIM coverage may help when the at‑fault driver’s liability limits are not enough to cover your proven losses. You must identify all applicable policies (yours and any household policies that might cover you), document liability and damages, and give your UIM carrier timely written notice. Before accepting the at‑fault carrier’s policy limits, request your UIM carrier’s written consent; the carrier has a short window to consent or advance those limits. Disputes can be filed in the county’s trial court, and procedures can vary by policy language.

Key Requirements

• Identify coverage: Collect declarations pages for all potentially applicable auto policies (yours and eligible household policies) and confirm liability and UIM limits.
• Prove fault: Secure the crash report, photos, and witness information to show the other driver’s negligence.
• Document damages: Compile medical records and bills, wage verification, out‑of‑pocket expenses, and property damage estimates.
• Give written notice: Notify your own insurer that you have a potential UIM claim and keep proof of delivery.
• Get consent before settlement: Obtain written consent from your UIM carrier before accepting the at‑fault insurer’s policy limits, or your UIM rights may be affected.
• Exhaust liability limits: UIM payment typically follows after the at‑fault policy is tendered or advanced.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage; consent-to-settle/advance) - Sets UIM requirements, including consent-to-settle and the insurer’s right to advance liability limits.
• North Carolina Gen. Stat. § 20-166.1 (Crash reports) - Governs reporting and availability of motor vehicle crash reports used to document fault.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists practices insurers must avoid during claim handling.

Analysis

Apply the Rule to the Facts: If the at‑fault insurer offers its liability limits, send your UIM carrier a written consent-to-settle request with the offer letter and proposed release. Your carrier then has a short window (generally 30 days) to consent or advance the limits. If no limits offer is on the table yet, keep building liability and damages proof, and put your UIM carrier on notice so it can participate and evaluate early.

Process & Timing

1. Who files: You (the insured). Where: Send written notice and documentation to your own insurer’s claims department in North Carolina. What: Notice of potential UIM claim, liability limits offer (when received), proposed release, crash report, medical bills/records, wage proof, and policy information. When: Give notice early and before accepting liability limits; after your consent request, the UIM carrier generally has 30 days to respond.
2. After consent or advance: If the UIM carrier consents, settle with the at‑fault insurer and continue your UIM claim by negotiation; if it advances the limits, do not release the at‑fault driver and continue pursuing damages against them with your UIM carrier involved.
3. If unresolved: File a civil action in the county where the crash occurred or a proper venue and include the UIM carrier as permitted. File with the Clerk of Superior Court; timelines and divisions can vary based on claim value and procedure.

Exceptions & Pitfalls

• Settling with the at‑fault insurer without your UIM carrier’s written consent can jeopardize UIM coverage.
• Missing policies: Forgetting household vehicles or other applicable policies can reduce available coverage.
• Incomplete proof: Gaps in medical records, bills, or wage documentation slow evaluation and reduce credibility.
• Notice issues: Oral notice alone is risky; send written notice and keep delivery confirmation.
• Release language: Use the release your UIM carrier approves; the wrong language can impair rights.

Talk to a Personal Injury Attorney

If you’re navigating a North Carolina UIM claim and need to confirm coverage, consent-to-settle, or documentation, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to get started.

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.