Most car accident claims settle without filing a lawsuit. To begin negotiation, gather the police report, medical records and itemized bills. Review the report to confirm fault allocation and any conflicting statements. Collect treatment notes, prescriptions, and proof of lost wages. This documentation becomes the core of your demand package.
Next, calculate your damages: medical expenses, future care estimates, lost income and pain and suffering. North Carolina follows a modified comparative negligence rule (N.C.G.S. § 1B‑1). If you share fault and your percentage exceeds 50%, you cannot recover. Carefully analyze any partial liability the insurer may assign.
Draft a clear demand letter. State the accident facts, your total damages, and a deadline for response—typically 30 days. Include supporting exhibits: medical records, repair estimates, wage statements and the police report. Send the demand by certified mail or secure electronic delivery to the insurer’s claims adjuster.
Expect a counteroffer. The adjuster may dispute liability or reduce claimed damages. Respond strategically: provide additional records, cite legal precedent or clarify policy limits. If medical liens exist, negotiate reductions with healthcare providers so you retain more recovery.
If negotiations stall, you may file suit before the three‑year deadline. However, a well‑prepared demand often prompts insurers to settle. Our attorneys at Wallace Pierce Law handle demand preparation, liability analysis and lien negotiations on a contingency basis—no fees unless you recover. For personalized assistance, email
intake@wallacepierce.com or call
(919) 313‑2729.