Short Answer

Sometimes, yes—under North Carolina ethics rules, one lawyer may be able to represent both a driver and a passenger from the same crash, but only if there is no “conflict of interest,” or if a conflict can be addressed with informed consent in writing. The lawyer must be able to advocate fully for each person without one client’s case harming the other’s. If the driver might share fault, coverage is limited, or a settlement would need to be split, the lawyer may have to decline or withdraw and recommend separate counsel.

Understanding the Problem

If you were hurt in a North Carolina car wreck and you’re getting chiropractic treatment, you may wonder whether your passenger can hire the same personal injury lawyer to pursue their own injury claim from that same crash, and what happens if your interests don’t line up.

Apply the Law

In North Carolina, the main issue is not whether two people were in the same vehicle—it’s whether one lawyer can represent both clients without a conflict of interest. A conflict can exist if the lawyer’s work for one client would be “materially limited” by duties to the other client, such as when fault is disputed between the driver and passenger, when insurance coverage is limited, or when the insurer offers one lump-sum settlement that has to be divided between clients. If the lawyer reasonably believes they can represent both clients competently and diligently, the lawyer may proceed only with each client’s informed consent confirmed in writing.

Key Requirements

• Separate claims, separate clients: Even though the crash is the same event, the driver and passenger each have their own injury claim and their own right to make decisions.
• No direct adversity: The lawyer must check whether one client’s position would be directly against the other (for example, if the passenger may claim the driver caused or contributed to the crash).
• No “material limitation”: The lawyer must evaluate whether representing both people would limit strategy, settlement advice, or negotiation leverage for either client.
• Informed consent in writing (when allowed): If the situation presents a conflict that can be waived, both clients must understand the risks and agree in writing.
• Independent decision-making: Each client must be free to accept or reject settlement offers based on their own interests, not the other person’s.
• Aggregate settlement safeguards: If one insurer offers a single combined settlement to cover both clients, the lawyer must follow special rules before anyone can accept.

What the Statutes Say

• N.C. Gen. Stat. § 84-38 (Solicitation and fee division limits) - Prohibits improper solicitation and improper fee-splitting; relevant when evaluating how a case is referred and how fees are handled.

Note: The most important rules for “same lawyer for driver and passenger” are in the North Carolina Rules of Professional Conduct (ethics rules), not in the General Statutes. Those ethics rules control conflicts of interest, informed consent, and combined (aggregate) settlements.

Analysis

Apply the Rule to the Facts: Because you are considering hiring a lawyer on a contingency-fee basis for injuries from a motor vehicle accident while you receive chiropractic treatment, it may feel efficient for your passenger to use the same lawyer. Whether that works depends on whether your positions stay aligned—especially on fault and on how any settlement funds would be allocated if coverage is limited. A careful lawyer will screen for conflicts early and revisit the issue if the facts or insurance positions change.

Process & Timing

1. Who signs up: You and the passenger as separate clients. Where: Usually at the lawyer’s office or remotely in North Carolina. What: Separate representation agreements (often contingency-fee) and separate medical authorization/records requests. When: As soon as practical after the crash, especially before recorded statements or settlement discussions get far.
2. Conflict check and disclosures: The lawyer should identify potential conflicts (fault issues, coverage limits, competing claims) and explain in plain English what that means for confidentiality and settlement advice. If the lawyer believes joint representation is still appropriate, both clients typically sign a written conflict waiver/informed-consent document.
3. Claim handling and settlement decisions: The lawyer pursues each claim, but must keep each client informed and must not pressure one client to accept a deal to benefit the other. If the insurer proposes a single combined settlement for both clients, the lawyer must obtain each client’s informed consent before anyone accepts.

Exceptions & Pitfalls

• Driver fault issues: If there is any real chance the passenger’s best claim is against the driver (even partially), one lawyer usually cannot represent both.
• Limited insurance coverage: When policy limits are likely to be a problem, the driver and passenger can become competitors for the same pool of money, creating a serious conflict.
• One “lump-sum” settlement offer: Combined offers can create pressure to divide money in a way that favors one client; ethics rules require careful disclosures and consent.
• Confidentiality misunderstandings: In joint representation, information one client shares may need to be shared with the other client for the lawyer to do the job properly. People often assume they can “tell the lawyer something privately” that won’t be shared—sometimes that is not realistic in a joint case.
• Different injury timelines: If one person finishes treatment quickly and the other needs longer care, settlement timing can create tension and conflict.

Conclusion

In North Carolina, your passenger can sometimes hire the same lawyer for injuries from the same crash, but only if the lawyer can represent both of you without a conflict of interest (or with informed consent in writing when a conflict is waivable). The biggest red flags are driver-fault disputes, limited insurance coverage, and any combined settlement that must be divided. Next step: ask the lawyer to run a conflict check and explain—before you both sign—how conflicts and settlement decisions will be handled.

Talk to a Personal Injury Attorney

If you're dealing with injuries from the same crash and you’re unsure whether one lawyer can represent both the driver and passenger, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [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.