Can my personal injury lawyer contact the other driver's insurance adjuster about my medical expenses? — Durham, NC

Woman looking tired next to bills

Can my personal injury lawyer contact the other driver's insurance adjuster about my medical expenses? — Durham, NC

Short Answer

Yes. If you are represented or have authorized your lawyer to act for you, your personal injury lawyer can usually contact the other driver’s insurance adjuster about your medical expenses, claim information, and liability issues. In North Carolina, that communication does not guarantee payment, and it does not stop lawsuit deadlines from running. If fault or coverage is disputed, the lawyer may need to address those issues before medical bills are evaluated for settlement.

What Your Lawyer Can Discuss With the Insurance Adjuster

After a Durham car accident, the other driver’s insurance adjuster may ask for medical bills, medical records, a statement, photographs, repair estimates, and other claim information. If you have a personal injury lawyer, your lawyer can generally communicate with the adjuster for you about the bodily injury claim.

That communication may include:

  • Providing the correct claim number, adjuster name, and insurance contact information.
  • Confirming whether the insurer has opened a bodily injury claim.
  • Asking the adjuster to identify the insured person and available liability coverage information, without relying only on a possibly incorrect crash report.
  • Sending medical bills, medical records, and other documentation when the claim is ready for review.
  • Explaining why the injury claim is connected to the collision, if the insurer questions causation.
  • Responding to the adjuster’s questions about property damage, treatment dates, lost income documents, or other claim proof.
  • Disputing an incorrect fault position if the adjuster is relying on incomplete or inaccurate information.

In many injury claims, the adjuster will not simply pay medical bills one by one as they arrive. The liability insurer for the other driver often evaluates medical expenses as part of the overall bodily injury claim after it reviews fault, coverage, treatment records, bills, and any claimed income loss. Your lawyer’s role may include organizing that information so the adjuster can evaluate the claim in a structured way.

Why Fault Still Matters Before Medical Expenses Are Paid

Medical expenses are important, but they are not the only issue. The other driver’s insurer usually looks at two broad questions before paying an injury claim: who was legally responsible for the crash, and whether the medical expenses are supported by the evidence.

Your facts mention that the accident report may incorrectly suggest you backed into the other driver. That matters because North Carolina fault disputes can be serious. North Carolina allows contributory negligence as a defense. In plain English, if the insurance company argues that your own negligence helped cause the crash, that argument can create major problems for the claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

Because of that rule, your lawyer’s communication with the adjuster may need to address more than medical expenses. It may also need to address why the report is wrong or incomplete, what actually happened, and why your actions were reasonable under the circumstances.

If the Accident Report Is Wrong or Incomplete

A crash report can be important, but it is not always the final word on fault. Reports can contain errors, shorthand descriptions, incomplete insurance details, or conclusions based on limited information available at the scene.

North Carolina law requires investigation and reporting for certain motor vehicle accidents, and N.C. Gen. Stat. § 20-166.1 explains requirements for reportable crashes and accident reports. The practical point is that the report may help identify vehicles, drivers, insurance information, and the investigating agency, but an insurer may still review other evidence before deciding liability.

If the report suggests you backed into the other driver and you believe that is inaccurate, useful follow-up may include:

  • Getting a complete copy of the crash report.
  • Saving photographs of vehicle positions, damage, skid marks, debris, or the surrounding area.
  • Preserving dash camera footage, nearby surveillance video, or witness contact information if available.
  • Writing down your memory of the sequence of events while it is still fresh.
  • Saving repair estimates and photographs showing the location and direction of vehicle damage.
  • Providing your lawyer with the other driver’s insurance card, claim letters, adjuster emails, and any inconsistent coverage information.

An insurance adjuster may not have authority to change the police report. However, your lawyer can send evidence to the adjuster, ask the adjuster not to rely on incorrect facts, and, when appropriate, explore whether the investigating agency has a process for correcting or supplementing inaccurate information.

How Medical Expenses Are Usually Presented in a North Carolina Injury Claim

Your lawyer can usually contact the adjuster about medical expenses, but the timing and content of that communication matter. Sending scattered bills without context may not fully explain the claim. A more complete claim presentation often includes records, bills, dates of service, visit summaries, health insurance payment information, and documentation of how the injuries affected daily life or work.

Insurance adjusters often look for issues such as:

  • Whether treatment began soon after the crash or whether there were long gaps.
  • Whether the records connect the reported injuries to the collision.
  • Whether there were prior injuries or later events affecting the same body area.
  • Whether the amount of vehicle damage is being used by the insurer to question injury severity.
  • Whether all bills are final or whether more treatment records are still being gathered.
  • Whether health insurance, medical provider liens, or other repayment claims may affect settlement funds.

This does not mean the insurer is right to deny or reduce a claim because one of those issues exists. It means your lawyer may need to prepare the claim file carefully and respond with evidence rather than assumptions. If a medical connection is unclear from the records, your lawyer may discuss whether additional written clarification from a treating provider is appropriate. That is a legal claim decision, not medical advice.

Coverage Information Can Be Checked, But Not Assumed

You also mentioned that the other driver’s reported insurance coverage may be inaccurate. That is another reason lawyer-to-adjuster communication can help. A crash report, insurance card, or early phone call may not tell the full coverage story.

Your lawyer may contact the adjuster to confirm the claim number, the insured driver, the vehicle involved, whether the policy was active on the crash date, and whether the insurer is accepting or investigating coverage. The lawyer may also ask the adjuster to put coverage positions or denials in writing. Still, no one should assume coverage exists or does not exist until the facts, policy information, and insurer position are reviewed.

If coverage is uncertain, your own insurance documents may also matter. Save your declarations pages, claim letters, denial letters, and any communications about medical payments coverage, uninsured motorist coverage, or underinsured motorist coverage. This article does not interpret any specific policy, but those documents can help a lawyer evaluate next steps.

Deadlines Still Matter Even While the Adjuster Is Talking

Insurance communication can feel like the claim is moving forward, but claim discussions do not automatically extend the time to file a lawsuit. For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 provides a three-year deadline for many injury and property-damage actions. Different deadlines can apply in some situations, so timing should be reviewed early.

This matters because an adjuster may continue asking for documents, reviewing medical expenses, or discussing fault while the legal deadline keeps running. If the deadline passes, the insurer’s prior conversations may not protect the claim. A lawyer can track deadlines while also communicating with the adjuster.

How This Applies to the Facts You Described

Based on the facts provided, your lawyer can likely contact the other driver’s adjuster about medical expenses and the claim information you have. But the conversation should probably include more than bills. The lawyer may need to address the incorrect backing-up description, clarify the other driver’s insurance information, and provide evidence that supports your version of the crash.

Helpful information to give your attorney may include:

  • The adjuster’s name, phone number, email address, claim number, and insurance company.
  • Any letters or emails from the insurance company.
  • A copy of the accident report and any notes about what appears wrong.
  • Photos of the vehicles, the scene, and the damage.
  • Names and contact information for witnesses.
  • Medical bills, records, discharge papers, visit summaries, and health insurance statements.
  • Proof of missed work or out-of-pocket expenses, if those are part of the claim.
  • Your own auto insurance declarations page and any claim information from your insurer.

The more organized this information is, the easier it is for your lawyer to identify the main dispute and communicate clearly with the adjuster.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help with this type of Durham personal injury claim by communicating with insurance adjusters, organizing medical expense documentation, reviewing the accident report, and identifying problems in the insurer’s fault or coverage position.

For a claim involving disputed fault and unclear insurance information, the firm may also help gather supporting records, evaluate whether the adjuster has the correct facts, track deadlines, and prepare a claim presentation when the medical documentation is ready. No lawyer can promise that an adjuster will accept fault, pay certain bills, or resolve a claim by a specific date. The goal is to protect the claim process and help you make informed decisions.

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.

Categories: 
close-link