After a car accident in Charlotte, victims often expect their insurance company—or the at-fault driver’s insurer—to promptly cover their medical bills, lost wages, and vehicle repairs. Unfortunately, many clients quickly discover that insurance companies don’t always move fast.
As Charlotte personal injury attorneys, we frequently hear from accident victims frustrated with delays in their claim. Understanding why settlements take longer can help you protect your rights and know when it’s time to bring in legal help.
1. Common Reasons for Insurance Settlement Delays
Insurance companies use many tactics—some valid, others questionable—that result in slower payouts. The most common include:
- Liability Disputes – If fault is not clear, insurers may drag their feet while investigating.
- Contributory Negligence Arguments – In North Carolina, if you’re found even 1% at fault, recovery may be barred. Insurers may delay while building a case against you.
- Insufficient Documentation – Missing medical records, incomplete repair estimates, or gaps in treatment can stall your claim.
- Policy Limits or Exclusions – If damages exceed coverage, or if exclusions apply, insurers may delay in hopes of limiting payout.
- Multiple Parties Involved – Crashes with more than two vehicles or involving commercial drivers often take longer to resolve.
2. North Carolina’s Contributory Negligence Rule
North Carolina is one of the few states with pure contributory negligence, meaning if you are found even 1% responsible for the accident, you may be barred from recovering damages from the other driver’s liability coverage..
Insurance adjusters know this law favors them. Delays often happen while they search for any shred of evidence to argue that you contributed to the crash. Having an attorney early can help counter these tactics.
3. The Role of Medical Treatment in Settlement Timelines
Settlements often don’t occur until your medical treatment is complete or your injuries are considered permanent. This is because:
- Ongoing Treatment – Insurers want to avoid paying before the full cost of your care is known.
- Maximum Medical Improvement (MMI) – Settling too early may leave you uncompensated for future care.
- Delayed or Inconsistent Treatment – Gaps in medical care give insurers an excuse to slow-walk your claim.
4. Bad Faith Delay Tactics
While some delays are legitimate, others are signs of bad faith insurance practices. Examples include:
- Unreasonable requests for duplicate documentation.
- Failing to return calls or emails promptly.
- Misrepresenting policy terms to confuse victims.
- Stalling in hopes you’ll accept a lower settlement out of frustration.
If an insurer is acting in bad faith, you may be entitled to additional damages under North Carolina law, this is more often the case when it involves your own insurance company as it has a duty to deal fairly with you. You do not have a bad faith case against a third party’s insurance because they do not have the same duty to you. They may however have liability under an unfair and deceptive trade practice action depending on the facts.
5. Steps You Can Take If Your Claim Is Delayed
If you feel your case is dragging on too long, here’s what you can do:
- Stay Organized – Keep copies of all accident-related records, bills, and communication.
- Follow Medical Advice – Attend appointments consistently and keep a treatment journal.
- Respond Promptly – Provide requested documents quickly, but don’t overshare without legal guidance.
- Avoid Recorded Statements – Never give one without consulting an attorney first.
- Contact a Charlotte Car Accident Lawyer – If delays persist, legal representation may be the only way to move your claim forward. What often happens when people wait to contact a lawyer until after they have been personally dealing with the insurance company is tying the lawyer’s hand behind their back. You cannot put the genie back in the bottle, much of what the lawyer may have been able to use for negotiation has been poorly played already by the claimant. We do a lot to have the adjuster put extra money in reserves before they get medical records. We get impairment ratings, permanency records etc., to increase the value, hard to do when the claimant has already answered the questions wrong.
6. Compensation Available Once Settled
Though delays are frustrating, settlements can include significant compensation for:
- Medical expenses and rehabilitation
- Lost wages and diminished earning capacity
- Vehicle repair or replacement
- Pain and suffering
- Wrongful death damages (in fatal accidents)
7. When to Hire a Charlotte Car Accident Lawyer
You should consult an attorney if:
- The insurer is stalling or ignoring you.
- You’ve been accused of contributory negligence.
- Your injuries are severe or long-term.
- The insurer makes a lowball settlement offer.
A local attorney familiar with Charlotte courts and Mecklenburg County insurance practices can cut through red tape, demand timely responses, and take insurers to court if necessary.
Conclusion
Insurance companies often delay settlements after car accidents in Charlotte for reasons ranging from genuine investigation needs to intentional stalling. While patience is sometimes necessary, you don’t have to tolerate endless delays or bad faith tactics.
At The Law Offices of Jason E. Taylor, we fight for accident victims who deserve fair and timely compensation. If your claim is being delayed, contact us today for a free consultation and let us help move your case forward.
FAQs
1. Why is my car accident claim taking so long in Charlotte?
Common reasons include liability disputes, lack of documentation, multiple parties, or insurers exploiting contributory negligence.
2. Can insurance companies delay settlement on purpose?
Yes, some insurers use delay tactics to pressure victims into accepting lower offers. This may constitute bad faith.
3. Should I wait to finish medical treatment before settling?
Yes. Settling too early can leave you uncompensated for ongoing or future care.
4. What if my insurer won’t return my calls?
This can be a red flag of bad faith. An attorney can demand timely communication on your behalf.
5. How long do I have to file a car accident lawsuit in North Carolina?
Generally three years from the accident, but you should act quickly if your claim is being delayed. The actual statute of limitations varies depending on who is bringing the claim and perhaps even who they are bringing it against. The first thing you want to know is your specific statute of limitations. Too, remember lawyers are hesitant to get involved with short statutes of limitations, do not delay contacting an experienced injury lawyer.