How long does an insurer have to respond to an uninsured motorist demand? – North Carolina

Short Answer

North Carolina law does not set a fixed number of days for an insurer to respond to an uninsured motorist (UM) demand. The insurer must acknowledge and act reasonably promptly, investigate, and negotiate in good faith. Your statute of limitations keeps running while you wait, so do not let calendar time slip by. If there is no meaningful response after a reasonable period, follow up in writing and consider next steps under your policy or in court.

Understanding the Problem

In North Carolina personal injury claims, you want to send a UM demand to your own auto insurer and need to know how long they have to respond. You also need the correct email approach for submitting the demand, and your insurer requires the claim number in the email subject line. This question is about timing and process so you can keep your case moving without missing key deadlines.

Apply the Law

Under North Carolina law, UM coverage applies when the at-fault driver has no liability insurance or cannot be identified (such as a qualifying hit-and-run). The claims process begins with your notice and demand to your insurer and may proceed to arbitration or court depending on your policy and the dispute. While no statute sets a specific “X days” response time to a UM demand, insurers must acknowledge and handle claims promptly and in good faith. If suit is filed, the insurer has the right to participate once properly notified and served under the UM statute.

Key Requirements

  • Clear UM claim: State that you are making a UM claim and explain liability and damages.
  • Proof uninsured or hit-and-run: Provide facts or documentation showing the at-fault driver is uninsured or that the claim qualifies as a hit-and-run.
  • Supporting records: Include police report, photos, medical records, bills, wage loss proof, and repair estimates.
  • Policy and claim identifiers: Put your claim number and policy number in the demand and in the email subject line.
  • Send to the right place: Submit to the assigned adjuster or the insurer’s designated claims email/portal and keep proof of delivery.
  • Allow reasonable time, then escalate: Give a reasonable period for evaluation; if no substantive response, follow up, request a supervisor review, and consider arbitration or filing suit.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, you have an open claim for property damage and bodily injury and plan to submit a UM demand. Because North Carolina sets no fixed response deadline, the insurer must still acknowledge and act reasonably promptly on your demand. Include the claim number in the subject line and provide documents showing the at-fault driver is uninsured or unknown to streamline the review. If you receive no substantive update after a reasonable period, follow up in writing and consider policy-based arbitration or filing suit.

Process & Timing

  1. Who files: You or your attorney. Where: Email the assigned adjuster or the insurer’s designated claims inbox/portal. What: A written “Uninsured Motorist Demand” with liability explanation, damages summary, and supporting records. Use a clear subject line such as: “UM Demand – Claim #[Your Claim Number] – [Your Initials].” When: After you have adequate documentation to support liability and damages; follow up if you hear nothing after a reasonable period.
  2. Follow-up: If no response or only an acknowledgement, send a written follow-up and request a supervisor review. If your policy provides for UM arbitration, consider invoking it per the policy’s procedures and timelines.
  3. Litigation (if needed): File a civil action against the uninsured at-fault driver in the appropriate North Carolina court. Serve the insurer with the suit papers as required by the UM statute so it may participate. The Clerk of Superior Court will issue the summons; comply with service rules.

Exceptions & Pitfalls

  • Hit-and-run specifics: Promptly report to law enforcement and notify your insurer; policies often have strict notice requirements for unidentified drivers.
  • Proof of no insurance: Provide documentation showing the at-fault driver is uninsured; incomplete proof can delay evaluation.
  • Policy procedures: Follow any arbitration or appraisal procedures and timelines in the UM section of your policy.
  • Service in litigation: If you sue, properly serve the insurer with the pleadings so it can participate; improper service can stall your case.
  • Releases: Do not sign releases affecting your UM rights without confirming they comply with your policy.

Conclusion

North Carolina does not impose a set number of days for an insurer to answer a UM demand, but the insurer must acknowledge and act reasonably promptly, investigate, and negotiate in good faith. Your litigation deadline keeps running regardless of claim status. Next step: send a written UM demand to the adjuster with your claim number in the subject line and supporting records, then follow up in 30 days if you have not received a substantive response.

Talk to a Personal Injury Attorney

If you’re dealing with an uninsured motorist claim and need a timely response from your insurer, 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.