Yes. In North Carolina, an insurer may speak directly with you about your vehicle property damage if your attorney represents you only on the injury claim. Keep those discussions limited to the car damage and do not sign any document that also releases your injury claim. Coordinate with your injury attorney before giving statements or signing a release.
The question is whether, in North Carolina, an insurance company can contact you about fixing or paying for your car when your lawyer is handling only your bodily injury claim from the same crash. Here, your attorney told the insurer they are not handling the property damage and to contact you directly. You want to know if that is allowed and how to protect your injury claim while resolving your car damage.
Under North Carolina law, communications rules focus on the scope of representation. If a lawyer represents you only for the bodily injury portion, you are unrepresented for the property damage portion, so an adjuster may discuss that property claim with you. Those communications should stay within the property damage claim. Do not discuss injury facts, medical records, or settlement, and do not sign a general release that waives your bodily injury claim. Claims are usually handled directly with the insurer; if a dispute cannot be resolved, a lawsuit is filed in the General Court of Justice. A three-year statute of limitations generally applies to claims for injury to person or property.
Apply the Rule to the Facts: Because your lawyer is not handling the property damage, you are unrepresented on that issue. The insurer can contact you to appraise the car, discuss repairs, or settle the vehicle claim. They should not ask about your injuries or include injury language in a property damage release. Before giving any recorded statement or signing a release, send the document to your injury attorney to confirm it is property damage–only.
In North Carolina, an insurer may speak with you directly about car damage when your attorney represents you only on the injury claim. Keep communications limited to property issues and do not sign any document that waives your bodily injury claim. If talks stall, you can file a Complaint and Civil Summons with the Clerk of Superior Court, and you generally must do so within three years. Your next step: tell the adjuster in writing you will discuss property damage only and copy your injury attorney.
If you're dealing with an auto claim where your lawyer handles injuries but not the car damage, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.