Can I negotiate a settlement directly with the insurance company if I already have an attorney? — Durham, NC

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Can I negotiate a settlement directly with the insurance company if I already have an attorney? — Durham, NC

Short Answer

You generally can talk with an insurance adjuster even if you already have a lawyer, but it is usually not a good idea to negotiate settlement terms directly once you are represented. Direct negotiations can create confusion, lead to inconsistent statements, or result in paperwork that affects your claim more than you intended. In most cases, the cleanest approach is to route settlement communications through your attorney and keep everything documented.

What This Question Usually Means

Most people ask this because they feel the process is moving slowly, they want to “cut out the middle,” or the adjuster is contacting them directly with an offer. Sometimes it’s also because the client wants to accept an offer quickly or thinks they can negotiate a better number on their own.

The key issue is not whether you’re allowed to speak with the insurer. The issue is whether doing so could hurt your injury claim or create problems with the attorney-client relationship and the negotiation strategy already in motion.

What Can Go Wrong If You Negotiate Directly

  • You may accidentally undermine your own claim. Adjusters document conversations. A casual comment about how you feel, what treatment you had, or what happened in the incident can later be used to argue your injuries are minor or unrelated.
  • You can create mixed messages. If your attorney is sending a counteroffer while you are separately discussing different terms, the insurer may claim there was confusion about what you “really” agreed to.
  • You might be pushed toward signing broad paperwork. Settlement paperwork often includes a release. If you sign a release that is broader than you intended, it can end your ability to pursue additional compensation related to the incident.
  • You can complicate lien/reimbursement issues. Even when a settlement amount is agreed, there may be medical bills, health insurance reimbursement claims, or other payback issues that need to be addressed before a settlement is truly “wrapped up.” Direct negotiations can skip over those details.

If the Adjuster Contacts You Anyway: Practical Boundaries

  1. Tell the adjuster you are represented. Ask them to communicate through your attorney going forward.
  2. Do not negotiate numbers or terms. If you talk at all, keep it limited to routing the call and confirming your lawyer’s contact information.
  3. Do not sign anything you receive directly. Forward it to your attorney first so you understand what it does and what rights it may waive.
  4. Document the contact. Write down the date, time, who called, and what was said in general terms.

How This Applies

Apply to your facts: Here, the insurer has made an initial offer and your attorney is already working with the adjuster on a counteroffer and continued negotiations. If you negotiate separately, you risk sending conflicting signals about your bottom line or the facts supporting your claim. The safer move is to let your attorney handle the negotiation and have you focus on providing accurate updates and documents your attorney requests.

Conclusion

You can usually communicate with an insurance company even if you already have a lawyer, but direct settlement negotiations can create avoidable risk—especially if your attorney is actively countering an offer. The most practical approach is to route settlement discussions and paperwork through your attorney so the claim stays consistent and protected. One next step: if an adjuster contacts you directly, send your attorney a quick message with the details and ask how they want you to handle future calls.

Talk to a Personal Injury Attorney in Durham

If the issue involves injuries, insurance questions, or a potential deadline, speaking with a licensed North Carolina attorney can help clarify options and timelines. 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 also is not medical advice. 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.

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