Can I submit my letter of representation and demand to an insurer by email?: North Carolina Personal Injury
Can I submit my letter of representation and demand to an insurer by email? — North Carolina
Short Answer
Yes. In North Carolina, insurers commonly accept letters of representation and settlement demands by email, portal upload, or fax. Email is fine as long as you use the insurer’s designated address, confirm receipt, and keep the statute of limitations in mind. Email does not serve a lawsuit or extend deadlines, and special notice rules apply if you have UM/UIM coverage.
How North Carolina Law Applies
North Carolina law does not require a specific method for sending a pre-suit letter of representation (LOR) or settlement demand to a private insurer. These are claim communications, not court filings. Most carriers accept them by email or portal. The legal issues to watch are timing (your statute of limitations), preserving any underinsured motorist (UIM) rights, and understanding that settlement emails are usually protected from use at trial to prove liability or damages. If you later file a lawsuit, you must serve it by the methods in the Rules of Civil Procedure—email alone does not qualify.
Example: You email a demand package with medical records and bills to the liability carrier. That is sufficient for claim evaluation. But if you settle a liability claim and you also have UIM coverage, you must give your UIM carrier the statutory notice of the tentative settlement and an opportunity to protect its rights before you sign a release. Also, if negotiations stall and you must sue, follow formal service rules—do not rely on email.
Key Requirements
Use the insurer’s approved email or portal; include the claim number, insured’s name, date of loss, and your contact info.
Confirm receipt in writing (email reply or portal confirmation).
Track the statute of limitations; demand letters do not pause or extend it.
If UM/UIM may apply, give your UM/UIM carrier proper notice of any tentative settlement and comply with consent/advance-payment rules before releasing the at-fault driver.
If a lawsuit is filed, serve it using the methods in Rule 4; email does not constitute service of process.
Keep settlement communications professional and factual; they are generally not admissible to prove liability or damages.
Process & Timing
Open the claim: Call the carrier or use its online portal to open a claim and obtain a claim number and the adjuster’s correct email.
Send your LOR: Email a concise LOR identifying the parties, claim number, your representation, and preferred communication method. Request written confirmation.
Assemble the demand: Prepare a PDF demand with a clear summary, liability discussion, medical treatment timeline, itemized specials, wage loss proof, and key exhibits (records, bills, photos).
Transmit by email: Use the adjuster’s designated address. Keep total attachment size manageable or use a secure file link the carrier approves. Ask for confirmation of receipt.
Follow up: Calendar a follow-up (e.g., 15–30 days). If the carrier’s policy references a different review period, use that window.
Protect UIM rights (if applicable): Before accepting a liability settlement, provide your UM/UIM carrier notice of the tentative settlement and follow the consent/advance-payment procedures.
Mind deadlines: Calendar the statute of limitations and any special notice deadlines. If settlement won’t occur in time, file suit and serve properly under Rule 4.
After suit: Once counsel appears for the defendant, communicate settlement through defense counsel, not the insured directly. Continue to use proper service for court filings.
What the Statutes Say
North Carolina General Statutes § 1-52 — Most personal injury claims have a three-year limitations period. Specific accrual and exceptions vary by claim type.
Portal-only carriers: Some insurers require portal uploads; ask for the correct submission method and follow it.
Attachment limits: Large files can bounce. Compress PDFs or split into smaller batches, and confirm receipt of all parts.
UIM jeopardy: Settling the liability claim without notifying your UIM carrier can forfeit UIM benefits.
Government claims: Claims involving government entities can have special notice rules and shorter deadlines.
Service confusion: Emailing a demand is not service of a lawsuit. Use Rule 4 if you file suit.
Deadlines: A demand letter does not pause the statute of limitations. Calendar your deadline and file in time if needed.
Lien resolution: Address medical liens and reimbursement claims in your demand to avoid delays at settlement.
Helpful Hints
Subject line: Include “Letter of Representation and Demand,” the insured’s name, claim number, and date of loss.
Use one PDF with a cover index so the adjuster can navigate your exhibits quickly.
Request written confirmation of receipt and a target response date.
Send sensitive medical documents securely if the carrier offers encrypted links or a portal.
Keep a transmission log with timestamps, recipients, and attachments.
If you’re close to the statute of limitations, consider parallel certified mail or direct portal upload and prepare to file suit.
Sources & References
North Carolina General Statutes § 1-52 (official). Link above in “What the Statutes Say.”
North Carolina Rules of Civil Procedure, Rule 4 (official). Link above in “What the Statutes Say.”
North Carolina General Statutes § 20-279.21 (official). Link above in “What the Statutes Say.”
North Carolina Rules of Evidence, Rule 408 (official). Link above in “What the Statutes Say.”
North Carolina General Statutes § 58-63-15(11) (official). Link above in “What the Statutes Say.”
Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney–client relationship.
Talk to a Personal Injury Attorney
If you’re dealing with insurer communications, settlement demands, or UM/UIM notice questions, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.
