What can I do when the insurance adjuster won’t return my calls or keeps delaying the settlement? – North Carolina

Short Answer

In North Carolina, when an insurance adjuster stops responding or keeps delaying a property-damage settlement, the most effective first step is to switch from repeated phone calls to a written, documented demand with a clear deadline and the key documents attached. If the delay continues, escalation options may include asking for a supervisor, filing a complaint with the North Carolina Department of Insurance, and (depending on the situation) pursuing a civil claim to force resolution. The right move depends on whether the claim is through the at-fault driver’s insurer or through the policyholder’s own insurer.

Understanding the Problem

In a North Carolina auto property-damage claim, what can be done when an insurance adjuster does not return calls or keeps pushing the settlement date back after a vehicle is declared a total loss? The decision point is whether the delay is happening before the insurer has enough information to evaluate the claim, or after the insurer already has the basic proof needed to make a decision and issue payment. This question commonly comes up when a crash report exists, fault appears clear, and the claim has already been opened but communication stalls.

Apply the Law

North Carolina law generally requires insurers to handle claims in good faith and prohibits unfair or deceptive conduct in commerce. While not every delay is illegal, a pattern of ignoring communications, failing to make a timely decision after receiving proof of loss, or using delay as leverage can support regulatory complaints and, in some cases, civil claims. For total-loss property damage, it also matters whether the claim is being handled under the policyholder’s own coverage (first-party) or against the other driver’s insurer (third-party), because the duties and leverage points can differ.

Key Requirements

Documented communication: A clear paper trail (emails/letters, dates, claim number, and what was requested) makes it harder for an insurer to claim nothing was received or that the file is “still under review.”
Complete claim package: Delays often continue when the insurer says it is missing one item (title status, lienholder information, photos, police report, valuation details, or a recorded statement). A complete package reduces “stall” excuses.
Escalation path: If the assigned adjuster is unresponsive, escalation typically moves from supervisor/claims manager, to the insurer’s internal complaint process, to a complaint with the North Carolina Department of Insurance, and then to litigation if needed.

What the Statutes Say

N.C. Gen. Stat. § 75-1.1 (Unfair or deceptive acts or practices) – Declares unfair or deceptive acts in or affecting commerce unlawful; it can be relevant when delay tactics cross the line into unfair conduct.
N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission) – Clarifies that settling property damage from a motor vehicle collision does not, by itself, admit liability and does not automatically release other claims unless the written settlement says so.

Analysis

Apply the Rule to the Facts: The facts describe a totaled vehicle that was parked, an initial belief it was a hit-and-run, a police report, and a claim opened through the owner’s insurer before learning the other driver also reported the crash and appeared to be at fault. Those facts usually mean the insurer(s) should be able to identify the claim, confirm coverage, and evaluate property damage without prolonged silence. If the adjuster is delaying because liability is “unclear,” the police report and the other driver’s report are the key items to push the file forward; if the delay is about value, the valuation report and comparable vehicles become the focus.

Process & Timing

Who files: The claimant (policyholder or third-party claimant). Where: With the insurance company’s claims department (and, if escalating, with the North Carolina Department of Insurance). What: A written demand/communication that includes the claim number, date of loss, police report number, total-loss confirmation (if already provided), photos, lienholder information, and a request for a written status update. When: Send it as soon as the adjuster misses a promised callback or deadline; include a reasonable response deadline (often 7–14 days) in writing.
Escalate internally: If there is no response by the written deadline, request reassignment or a supervisor review in writing and ask the insurer to confirm (in writing) what specific items are still needed to make a decision.
Escalate externally or legally: If the file still does not move, consider a complaint with the North Carolina Department of Insurance and consult counsel about whether a lawsuit is the appropriate next step to force a decision and protect deadlines.

Exceptions & Pitfalls

“Investigation” can be legitimate: An insurer may delay while confirming coverage, getting statements, reviewing a police report, or resolving conflicting versions of events. The practical fix is to demand a written list of what is missing and provide it promptly.
Total-loss paperwork delays payment: Title issues, lienholder payoffs, power-of-attorney forms, and missing documentation commonly stall total-loss checks even after value is agreed.
Recorded statements and authorizations: Refusing reasonable requests can slow a first-party claim; agreeing without understanding what is being requested can also create problems. Written clarification of what is requested and why can keep the process controlled.
Signing a release too broadly: Property-damage paperwork can sometimes include broader release language. North Carolina law recognizes that property-damage settlement is not automatically a release of other claims unless the written agreement says so, so the release terms should be reviewed carefully before signing.

Conclusion

When an insurance adjuster in North Carolina will not return calls or keeps delaying a total-loss settlement, the most effective step is to move the dispute into writing: send a documented demand that identifies the claim, attaches the key proof, and sets a clear response deadline. If the insurer still does not act, escalation typically goes to a supervisor, then a complaint to the North Carolina Department of Insurance, and then (if needed) a civil claim to protect deadlines and force resolution. The next step is to send a written status demand to the insurer and require a written response by a specific date.

Talk to a Real Estate Attorney

If you’re dealing with an insurance adjuster who will not respond or keeps delaying a settlement, 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.