Short Answer

You usually open separate bodily injury claims by notifying the at-fault driver’s insurer that each injured passenger is making a claim, then providing each passenger’s basic identifying information, injury information, and crash details. In North Carolina, each injured person may have a separate injury claim, but the insurer may still manage them under one crash file. The main caveats are representation authority, possible conflicts, insurance limits, child-claim rules, and deadlines.

What “Separate Bodily Injury Claims” Usually Means

After a Durham car accident, the insurance company may create one main claim file for the crash. Inside that file, there may be separate bodily injury claimants. Each injured passenger should be identified as a separate person with their own injuries, medical records, treatment history, lost-income information if applicable, and settlement decision.

This is different from opening a property damage claim for the vehicle. A passenger’s bodily injury claim is about that person’s physical injuries and related losses. If more than one passenger was hurt, each passenger’s claim should be tracked separately so medical documentation and communications do not get mixed together.

If you want a broader overview of passenger injury claims, Wallace Pierce Law has additional information about how a passenger can make a claim for injuries after a car accident.

Who Can Ask the Insurance Company to Open the Passenger Claims?

An adult injured passenger can usually contact the insurance company directly and ask to open a bodily injury claim. If that passenger has hired an attorney, the insurer should normally communicate through that attorney after receiving notice of representation.

For a child passenger, a parent or legal guardian commonly contacts the insurer to report the child’s injury claim. A child cannot usually handle claim decisions the same way an adult can. If the claim later reaches settlement, additional North Carolina procedures may apply because courts take extra care with a minor’s rights and settlement funds.

If you are already represented by a law firm for your own injury claim, that does not automatically mean your adult relative or child is represented by that same firm. A lawyer-client relationship usually requires agreement by the person being represented or, for a minor, the appropriate parent or guardian. The existing firm may be limited in what it can do for other passengers unless it has agreed to represent them and checked for conflicts.

Step-by-Step: How to Request Separate Passenger Injury Claims

To get separate bodily injury claims opened, the passenger, parent, guardian, or their attorney can contact the insurance carrier for the driver believed to be at fault. In some cases, more than one insurer may need notice, such as the other driver’s liability carrier, your own auto insurer for possible uninsured or underinsured motorist issues, or a household policy. Whether coverage applies depends on the facts and policy language.

1. Find the claim or policy information. Use the crash report, insurance card, claim letters, emails, or adjuster information you already have.
2. Call or write the claims department. State that there were additional injured passengers and that each needs a separate bodily injury claim opened.
3. Identify each claimant separately. Provide each passenger’s name, contact information, date of birth, and relationship to the crash. For a child, identify the parent or guardian who is communicating.
4. Give the crash details. Provide the date, location, involved drivers, police report number if available, and existing claim number if one exists.
5. Give a general injury notice. You do not have to give a detailed recorded statement just to report that a passenger was injured. It is often better to keep the initial notice simple and accurate.
6. Ask for written confirmation. Request the claim number, adjuster name, phone number, email, mailing address, and the name of the insured person or policy connected to the claim.

Keep a written record of every communication. Note the date, time, adjuster’s name, what was discussed, and what the insurer asked for next.

Information and Documents to Gather for Each Passenger

Separate passenger claims are easier to manage when each person’s documents are organized separately. Consider gathering:

• The North Carolina crash report or report number.
• Photos or videos of the vehicles, crash scene, visible injuries, and child safety seats if relevant.
• Names and contact information for all drivers, passengers, witnesses, and insurance adjusters.
• Medical visit summaries, bills, discharge papers, and follow-up instructions from medical providers.
• Health insurance information and any letters about medical bills, liens, or reimbursement requests.
• Receipts for crash-related out-of-pocket expenses.
• For an adult passenger, missed-work notes or wage records if lost income is part of the claim.
• For a child passenger, the parent or guardian’s contact information and any school or activity documentation that relates to limitations from the injury.

North Carolina law requires law enforcement reporting and investigation for certain reportable crashes. N.C. Gen. Stat. § 20-166.1 explains reporting and crash-report procedures; in plain English, a reportable crash should generally lead to an officer’s written report that can help identify vehicles, drivers, insurance information, and involved people.

Why Representation and Conflicts Matter

When one injured person is represented and other injured passengers are not, the insurer may ask who has authority to speak for each claimant. That is a fair question. An attorney representing one injured person may not be able to give legal advice to another adult passenger or negotiate a child’s claim without a proper agreement and conflict review.

Conflicts can arise in passenger cases. For example, if the driver of the vehicle carrying the passengers may share fault, the passengers’ claims may be partly or fully against that driver’s insurance. If the driver is also the represented injured person, that can create divided interests. The right approach depends on who was driving, how the crash happened, and which insurance policies are involved.

A passenger claim may also compete with other injury claims for the same liability coverage. The insurer may not disclose all policy details immediately, and available coverage can affect how claims are evaluated and resolved. This is one reason each passenger’s claim should be documented separately from the beginning.

North Carolina Issues That Can Affect Passenger Claims

Fault still matters

A passenger usually did not cause the crash, but the insurance company will still review fault. It may look at both drivers, the crash report, witness statements, photos, and any statements made by the people in the vehicle. In North Carolina, contributory negligence may be raised as a defense when a claimant’s own negligence allegedly helped cause the injury. N.C. Gen. Stat. § 1-139 places the burden of proving contributory negligence on the party raising that defense.

Deadlines still apply

For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 provides a three-year time period for injury to the person or rights of another. Some claims can have different rules, and claims involving minors can raise additional timing issues. Importantly, talking with an insurance adjuster, sending medical records, or waiting for the insurer to review the file does not automatically extend the deadline to file a lawsuit.

Child claims need extra care

A child passenger’s claim is not always handled like an adult’s claim. A parent or guardian may help open the claim and gather records, but a child’s settlement may require additional steps before it is final. There may also be separate issues about who may claim medical expenses for the child, how any settlement funds are protected, and whether court approval is needed. These issues should be addressed before signing releases.

How This Applies to Your Situation

Based on the facts provided, one injured person already has a law firm for their own car accident injury claim. The adult relative and the child passenger also have bodily injury claims, but they are not represented by that same firm. That means the adult relative should not assume the existing law firm is handling their claim unless the firm has agreed in writing. The child’s parent or legal guardian should also confirm who, if anyone, is authorized to handle the child’s claim.

A practical next step is to identify the insurer and existing crash claim number, then send a short written request asking that separate bodily injury claim entries be opened for the adult passenger and the child passenger. The request should ask for separate claim numbers or, at minimum, separate claimant identifiers under the same accident file. Each passenger should keep their own medical records and communications organized apart from the represented person’s file.

If there is any chance the driver of your vehicle may be blamed for the crash, the passengers may need their own legal guidance because their interests may not match the driver’s interests. That does not mean anyone did anything wrong. It simply means the claims should be handled carefully.

Common Mistakes to Avoid When Opening Passenger Claims

• Assuming one claim covers everyone. The insurer may know there were passengers, but that does not mean it opened bodily injury claims for each injured person.
• Mixing medical records. Each passenger’s records, bills, and symptoms should be documented separately.
• Giving detailed statements too early. A basic injury report is different from a recorded statement about fault, injuries, and prior medical history.
• Signing a release for a child without guidance. Minor claims can involve extra approval and fund-protection issues.
• Waiting because the adjuster is “still reviewing.” Insurance review does not automatically pause North Carolina lawsuit deadlines.
• Ignoring possible coverage conflicts. Multiple injured people may be making claims against limited coverage, and each person’s interests may need separate attention.

For more on a related situation, you may also find it helpful to read about what happens if a passenger was also hurt in the same car accident.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help evaluate how separate passenger claims should be opened and documented after a Durham car accident. This can include identifying the correct insurance carriers, communicating with adjusters, organizing medical records and bills by claimant, reviewing whether the passengers’ interests conflict with the driver’s claim, and helping a parent or guardian understand the added steps that may apply to a child’s claim.

The firm can also help clarify whether an adult passenger needs separate representation and whether a child passenger’s claim should be handled apart from the already-represented injured person’s claim. No lawyer can promise that an insurer will accept fault, offer a settlement, or resolve claims in a certain way, but careful claim setup can reduce confusion and help preserve important documentation.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.