Short Answer

In North Carolina, you can direct the insurance company to communicate with your lawyer about the bodily injury claim by sending a clear letter of representation that states the representation is limited to bodily injury (and excludes property damage). Then, when the insurer calls or writes you about injuries, you consistently refer them to your lawyer and avoid discussing the injury claim directly. To keep property damage separate, you (or another authorized person) can still handle vehicle repairs, rental, and total-loss issues directly with the property damage adjuster.

Understanding the Problem

If you and your child were passengers in a crash in North Carolina and your lawyer is handling only the injury claim, the key question is: can you require the insurer to route bodily injury communications through your attorney while still letting you handle property damage directly?

Apply the Law

North Carolina treats bodily injury and property damage as separate parts of a motor-vehicle claim, and they often get handled by different adjusters and timelines. You can also limit what your attorney is handling (for example, “bodily injury only”), and you can put the insurer on written notice of that limited scope so they know who to contact for what. A major practical concern is avoiding any paperwork or statements on the property damage side that accidentally release or compromise the bodily injury claim.

Key Requirements

• Clear written notice of limited representation: Your letter should say your lawyer represents you for bodily injury only and does not represent you for property damage, rental, towing, storage, or total-loss valuation.
• Correct claim identifiers: Include the claim number(s), date of loss, insured/driver names, and the adjuster contact information so the insurer can route the file correctly.
• Communication instructions that match the scope: Tell the insurer: “All bodily injury communications go to counsel,” while “property damage communications may go directly to the owner/claimant.”
• Consistent follow-through: If the insurer contacts you about injuries, you do not answer questions; you redirect them to your attorney.
• Protect against accidental releases: Before signing any property damage settlement paperwork, confirm it releases only property damage and does not include bodily injury.
• Separate documentation streams: Keep injury documents (medical records/bills, wage info) going to your lawyer, and keep property damage documents (photos, repair estimates, title/odometer forms) in the property damage channel.

What the Statutes Say

• N.C. Gen. Stat. § 1-540.2 (Property damage settlement does not automatically release injury claims) - A property damage settlement generally does not, by itself, bar bodily injury claims unless the written settlement terms specifically say it settles all claims.
• N.C. Gen. Stat. § 7A-38 (Prelitigation mediation of insurance claims) - Provides a process an insurer may use to request prelitigation mediation and includes tolling rules once a request is filed.

Analysis

Apply the Rule to the Facts: Here, a law firm is sending a letter of representation to the auto insurer and clarifying that representation is limited to bodily injury, not property damage. That is the right starting point because it tells the insurer exactly where to send injury-related calls, letters, and requests (your lawyer), while leaving the property damage adjuster free to work directly with you on repairs or a total-loss valuation. The main risk to watch is paperwork: even when you are “only settling property damage,” the written release must not sweep in bodily injury.

Process & Timing

1. Who files: Your attorney sends the representation letter; you (or the vehicle owner) handles property damage communications. Where: To the insurer’s assigned bodily injury adjuster/claims office (and copy the property damage adjuster if one is assigned). What: A letter of representation stating “bodily injury only” and giving instructions for communications. When: As early as possible after the claim is opened, and again any time the adjuster changes.
2. Separate the channels: Ask the insurer to confirm in writing that (a) bodily injury communications will go to your lawyer and (b) property damage communications will go to you/the owner. If the insurer calls you about injuries anyway, respond once: “Please contact my attorney for bodily injury,” and end the call.
3. Before any property damage settlement is finalized: Request the release (or settlement agreement) in advance and review the scope. Make sure it is limited to property damage only and does not include broad “all claims” language.

Exceptions & Pitfalls

• Overbroad release language: Some forms include “all claims” wording. Under North Carolina law, the written terms control, so do not sign until the scope is correct.
• Recorded statements that drift into injuries: A property damage adjuster may ask questions that touch injuries. If you are represented for bodily injury, redirect those questions to your lawyer.
• Mixed emails and attachments: Sending medical bills or injury details to the property damage adjuster can blur the file and trigger direct injury follow-up. Keep injury materials routed through counsel.
• Multiple claimants (parent and child): Make sure the letter clearly identifies who is represented for bodily injury (both passengers) and who is handling property damage (often the vehicle owner), so the insurer does not misroute communications.
• Changing adjusters: If the insurer reassigns the file, resend the communication instructions so the new adjuster follows the same boundaries.

Conclusion

To keep the insurance company talking to your lawyer about injuries—but not property damage—send a clear North Carolina letter of representation that limits representation to bodily injury and gives separate contact instructions for property damage. Then consistently refuse to discuss injury issues directly and route those communications to counsel. Your most important next step is to review any property damage settlement paperwork before signing to confirm it releases only property damage and not bodily injury.

Talk to a Personal Injury Attorney

If you’re dealing with an insurance claim where your lawyer is handling the injury portion but you still need to resolve property damage, our firm has experienced attorneys who can help you set clear communication boundaries and avoid paperwork that could affect your injury claim. Reach out today at [CONTACT NUMBER].

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.