How can I make sure my representation letter is honored by the insurer?

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How can I make sure my representation letter is honored by the insurer? - North Carolina

Short Answer

In North Carolina, once an insurer knows you have an attorney, claim communications should go through your lawyer. Send a clear, signed letter of representation that identifies you, the loss date, and the correct claim number, and request written acknowledgment and your assigned adjuster’s contact details. If the insurer creates duplicate claim numbers, ask in writing to consolidate and confirm the primary number. If the insurer ignores counsel or contacts you directly, escalate to a supervisor and consider a complaint to the Department of Insurance.

Understanding the Problem

You’re asking how to make the insurer route all claim communications through your attorney in a North Carolina personal injury claim. The actor is the injured person (and counsel); the action is getting the insurer to honor the attorney’s representation; the trigger is that the claim was already reported and a duplicate claim record was opened. You want the adjuster’s information and one claim number used consistently.

Apply the Law

Under North Carolina law, insurers must handle claims fairly and respond to claim communications promptly. In practice, once a claims department receives a proper representation letter, it should stop contacting the represented claimant and communicate with counsel. If the insurer opens duplicate claim files, it should close extras and confirm the single, active claim number. The main forum is the insurer’s claims department; if issues persist, you can seek help from the North Carolina Department of Insurance.

Key Requirements

  • Clear notice of representation: Your letter must identify you, the loss date, policy (if known), and the correct claim number, and state that all communications must go through your attorney.
  • Proof and acknowledgment: Send the letter by a trackable method and request written confirmation of receipt, claim number, and assigned adjuster.
  • Single claim number: If duplicates exist, ask the insurer in writing to close extras and confirm the primary claim number.
  • Directed communications: Instruct the insurer to cease direct contact with you and route all calls, emails, and mail to counsel.
  • Escalation path: If problems persist, escalate to a claims supervisor and, if needed, file a complaint with the Department of Insurance.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You (through your attorney) already sent a representation letter, which satisfies the notice requirement. Because the insurer opened a duplicate claim, your attorney should ask in writing to close the duplicate and confirm the single, active claim number and the assigned adjuster. Your request for the adjuster’s contact information aligns with the requirement for acknowledgment and directed communications. With the duplicate now closed, confirm in writing that all contact will go through your lawyer.

Process & Timing

  1. Who files: Your attorney. Where: The insurer’s claims department (via the claims portal, dedicated claims email, fax, and certified mail to the claims address). What: A signed representation letter identifying the insured, claimant, date of loss, and claim number(s), with a request for written acknowledgment, adjuster assignment, and closure of any duplicate claim. When: Immediately upon retention and anytime a new or duplicate claim number appears; request acknowledgment within 10–14 days.
  2. Upon acknowledgment, the insurer should provide the assigned adjuster’s name, phone, and email and confirm the single claim number. If there is no response, your attorney follows up and escalates to a supervisor.
  3. If direct contact with you continues or communications remain unaddressed, your attorney documents the issue and may submit a complaint to the N.C. Department of Insurance. Expected outcome: written insurer confirmation that communications will go through counsel under the correct claim number.

Exceptions & Pitfalls

  • Multiple lines of coverage (e.g., liability, UM/UIM) may have different adjusters; send separate representation letters referencing each claim number.
  • Insufficient identifiers in the letter (missing claim number or date of loss) can delay routing; include policy/claim number, insured’s name, and accident date.
  • Third-party vendors (record retrieval, subrogation) may contact you; respond by directing them to your attorney and notify the adjuster in writing.
  • Closed or duplicate claims can cause misrouting; ask for written confirmation of the active claim number and closure of duplicates.
  • Service/notice gaps: keep delivery receipts, email read confirmations, and call logs to prove notice and timing if escalation becomes necessary.

Conclusion

To ensure your representation letter is honored in North Carolina, give the insurer clear, trackable notice that you are represented, identify the correct claim number, and require written acknowledgment of counsel and adjuster assignment. If duplicate files exist, request closure and confirmation of one active claim number. If the insurer continues contacting you directly or fails to respond, escalate to a supervisor and consider a Department of Insurance complaint. Next step: send a complete, trackable letter of representation and ask for written acknowledgment within 10 business days.

Talk to a Personal Injury Attorney

If you're dealing with an insurer that isn’t routing communications through your lawyer or is juggling duplicate claim numbers, 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.

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