Can the insurance company speak directly to me about my car damage if my attorney is only handling my injury claim?: North Carolina

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Can the insurance company speak directly to me about my car damage if my attorney is only handling my injury claim? - North Carolina

Short Answer

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.

Understanding the Problem

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.

Apply the Law

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.

Key Requirements

  • Limited scope matters: If your attorney represents you only for injuries, you may speak with the insurer about property damage.
  • Stay in your lane: Keep conversations and documents limited to the vehicle damage claim; do not address the injury claim.
  • Release language: Only sign a property damage–only release that clearly does not waive bodily injury claims.
  • Repair choice: You choose the repair shop; the insurer cannot require a specific shop.
  • Timing and rights: You generally have three years to file suit on property damage if the claim does not resolve.

What the Statutes Say

Analysis

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.

Process & Timing

  1. Who files: You (vehicle owner). Where: Directly with the at-fault insurer (or your own collision insurer). For lawsuits, file with the Clerk of Superior Court in the North Carolina county where the crash occurred or where the defendant resides. What: Insurance claim with estimates/photos; for suit, a Complaint and Civil Summons (AOC-CV-100). When: Start the claim promptly; the general deadline to file a lawsuit for property damage is three years from the crash.
  2. Insurer inspects the vehicle, reviews estimates, and decides repair vs. total loss. Timeframes vary by county and insurer workload, but carriers must handle claims in a prompt and fair manner under North Carolina law.
  3. Settle the property damage: sign a property damage–only release, then the insurer issues payment (often including any lienholder). Keep copies for your records and inform your injury attorney the PD claim is resolved.

Exceptions & Pitfalls

  • If your attorney later takes over the property damage claim, direct the insurer to stop contacting you and speak only with your attorney.
  • Do not sign a global release that waives both property and bodily injury claims; confirm the release is limited to property damage.
  • Decline to discuss injuries or medical treatment with the property adjuster; route any injury questions to your attorney.
  • Watch for title or lender issues on total-loss claims; lienholder sign-off may be required before payment.
  • Document communications in writing and keep copies of estimates, photos, and the release.

Conclusion

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.

Talk to a Personal 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.

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