What happens if the insurance company won’t offer the amount I think is fair—when should I hire a lawyer? – North Carolina

Short Answer

In North Carolina, it often makes sense to hire a lawyer when the insurance company’s offer does not match the documented medical care, missed work, and the likely future treatment needs—or when the insurer starts pushing for a quick, final release. A lawyer can help build the proof needed to justify a higher settlement, protect against common claim-handling tactics, and make sure the claim is positioned to be filed in court before the deadline. For most car-crash injury claims, the lawsuit deadline is generally three years from the date of the wreck.

Understanding the Problem

In North Carolina, the practical question is when a car-crash injury claim should move from direct negotiation with the at-fault driver’s insurance adjuster to being handled by a lawyer. The decision usually turns on whether the insurer is making a fair offer for injury-related losses (medical care, time out of work, and pain) and whether the claim is at risk because of timing, disputed fault, or missing documentation. The issue is not whether a claim exists, but whether the negotiation process is producing a reasonable result before the case needs to be prepared for filing in court.

Apply the Law

Most injury claims from a vehicle collision in North Carolina are resolved by settlement, but the insurer is not required to pay what feels fair without proof that supports the amount demanded. If negotiations stall, a claim can be prepared for litigation in the North Carolina trial courts (typically Superior Court, depending on the amount in dispute), and the case must be filed before the statute of limitations runs. North Carolina also follows contributory negligence rules, meaning the insurer may argue the injured person’s own driving contributed to the crash and use that as leverage to reduce or deny payment.

Key Requirements

Liability (fault): Evidence must support that the other driver’s negligence caused the collision.
Damages (losses): Medical records, bills, wage documentation, and other proof must support the amount requested, including any expected future treatment.
Timing and claim posture: The claim must be positioned to settle or be filed in court before the deadline, and settlement paperwork must match what is actually being released.

What the Statutes Say

N.C. Gen. Stat. § 1-52 (Three years) – Sets a three-year limitations period for many civil actions, commonly including negligence-based injury claims from vehicle collisions.
N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) – Places the burden on the party asserting contributory negligence to prove it.
N.C. Gen. Stat. § 6-21.1 (Counsel fees in certain cases) – Allows a judge, in limited circumstances and with specific findings, to award attorneys’ fees as costs in certain personal injury/property damage suits involving an unwarranted refusal to negotiate or pay.
N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission; does not bar injury claim) – Clarifies that settling vehicle/property damage does not automatically settle injury claims unless the written settlement terms clearly say so.

Analysis

Apply the Rule to the Facts: Here, the claim involves a reported collision with a police response, ongoing pain, emergency care and follow-up treatment, missed work, and ongoing negotiations with the other insurance company about bodily injury compensation. Those facts typically create two pressure points that often justify hiring a lawyer: (1) the need to document injuries and future treatment in a way the insurer will take seriously, and (2) the risk that the insurer will argue the backing maneuver contributed to the crash (a contributory negligence argument) to reduce or deny payment. If the offer does not track the medical course and wage loss documentation, or if more treatment is expected, legal help can shift the claim from “discussion” to “proof-backed demand with a litigation plan.”

Related reading can help frame the negotiation issues: the insurer’s “final offer” and what an injury claim can include.

Process & Timing

Who files: The injured person (plaintiff). Where: The appropriate North Carolina trial court (often Superior Court) in a county where the defendant resides or where the crash occurred. What: A civil complaint alleging negligence and damages, plus service of summons. When: Generally within three years from the crash date for many negligence-based injury claims.
Pre-suit work that often changes the offer: Collect the crash report, photos, witness information, complete medical records and bills, wage loss verification, and a clear summary of treatment and ongoing symptoms. If future care is expected, the claim often needs updated medical documentation before a meaningful settlement number can be evaluated.
If the insurer still will not negotiate fairly: A lawsuit can be filed to preserve the claim before the deadline, then the case can continue toward discovery, mediation, and (if needed) trial. Many cases still settle after suit is filed because both sides must commit to evidence and testimony.

Exceptions & Pitfalls

Contributory negligence leverage: When the facts involve backing, lane changes, or unclear right-of-way, insurers often argue the injured driver contributed to the crash. That argument can dramatically change settlement posture in North Carolina, so early evidence preservation matters.
Settling too early with ongoing treatment: If a release is signed before the medical picture is clear, the claim usually cannot be reopened just because symptoms persist or new treatment becomes necessary.
Recorded statements and “friendly” questions: Adjusters may ask for statements that lock in details about speed, distance, or timing. In close-liability cases, small inconsistencies can be used to justify a denial or low offer.
Medical documentation gaps: Long gaps in care, missed follow-ups, or incomplete work notes often lead insurers to argue the injuries were minor or unrelated.
Paperwork that releases more than intended: Even when negotiations focus on bodily injury, settlement documents can include broad release language. North Carolina law recognizes that property-damage settlement does not automatically release injury claims unless the written settlement terms say so, but the reverse problem can happen if a release is drafted too broadly.

Conclusion

When an insurance company will not offer a fair amount in a North Carolina car-crash injury claim, hiring a lawyer often makes sense once the offer does not match the documented medical care, missed work, and expected future treatment—or when the insurer disputes fault using contributory negligence arguments. The core rule is that the claim must be supported with proof and, if needed, preserved by filing suit on time. The key deadline is typically three years from the crash date, so the next step is to have a lawyer evaluate the evidence and prepare a settlement demand or file a complaint before that deadline.

Talk to a Wrongful Death Attorney

If an insurance company is refusing to offer a fair amount for a serious crash-related injury claim, our firm has experienced attorneys who can help explain options, protect timelines, and handle negotiations. 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.