Short Answer

In North Carolina, an insurer’s refusal to accept liability does not stop your claim. You may continue building your evidence and file a lawsuit against the at-fault party; the insurer will typically defend that person. You must file suit within the applicable statute of limitations, usually three years for personal injury. Third-party claimants generally cannot sue the insurer directly for claims-handling, but you can report unfair practices to regulators.

Understanding the Problem

In North Carolina personal injury claims, you want to know: if the insurer still denies fault, can you move forward, and how? Here, you already sent a witness affidavit and a representation letter. The decision point is whether you can press your claim without the insurer’s liability acceptance, including whether to sue in state court and what timing rules apply.

Apply the Law

Under North Carolina law, an insurer’s liability decision is not binding on you. You may pursue your negligence claim in court against the at-fault person even if the insurer denies fault. North Carolina follows contributory negligence, so the insurer may deny if it believes you share any fault. A demand letter is not required before filing suit. The main forum is North Carolina state court, and the core deadline is the statute of limitations, typically three years for personal injury claims.

Key Requirements

• Liability remains disputed: You can file suit against the at-fault party; insurer acceptance is not a prerequisite.
• Preserve and develop proof: Keep gathering photos, witness information, police reports, and medical records to prove fault and damages.
• Mind contributory negligence: Any fault assigned to you can bar recovery; evaluate and counter this early.
• Choose the proper court: File in the correct North Carolina trial court and county for the claim.
• Meet the deadline: File before the statute of limitations expires (generally three years for personal injury).
• Serve the defendant: Proper service of the summons and complaint is required to move the case forward.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—three years) – sets the general three-year deadline for personal injury claims.
• North Carolina Gen. Stat. § 1-82 (Venue generally) – allows filing in the county where the defendant resides or where the claim arose.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) – lists prohibited insurer conduct; third-party claimants typically enforce concerns through regulators, not a direct lawsuit.

Analysis

Apply the Rule to the Facts: You already sent a witness affidavit and a representation letter, but the insurer still denies liability. You can keep documenting your injuries and losses and file a negligence lawsuit against the at-fault person before the three-year deadline. Expect the insurer to defend its insured and to argue contributory negligence; your affidavit and other evidence help counter that.

Process & Timing

1. Who files: The injured person (through counsel). Where: Clerk of Superior Court in the North Carolina county where the defendant lives or where the crash occurred. What: File a civil Complaint and a Civil Summons (AOC-CV-100). When: File within the applicable statute of limitations (typically three years from the injury).
2. Serve the defendant with the Summons and Complaint per North Carolina Rules (for example, sheriff, certified mail). After service, the defendant usually has 30 days to answer; courts often order mediation during the case. Timelines can vary by county.
3. Proceed through discovery, mediation, and, if needed, trial. If you settle or win at trial, the court will enter a dismissal or a judgment.

Exceptions & Pitfalls

• Contributory negligence: If you are found even slightly at fault, recovery can be barred; build liability evidence early and consider defenses like last clear chance where supported.
• Waiting for an insurer decision: You do not need liability acceptance to send a demand or to file suit; delays risk the deadline.
• Service missteps: Improper or late service can stall or dismiss your case; follow the service rules precisely.
• Releasing claims too soon: Do not sign broad releases before you understand your injuries and the impact on future claims.
• Insurer conduct: Third-party claimants generally cannot sue the insurer directly for claims-handling; concerns about unfair practices may be reported to regulators.

Talk to a Personal Injury Attorney

If you’re dealing with a denied liability decision after you sent an affidavit and representation letter, 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.