Short Answer
Send the insurer clear written notice identifying your current lawyer and stating that any prior lawyer’s authority to act on the claim has ended. The notice should include enough claim information to prevent confusion, request that the insurer update its records, and ask for written confirmation. If the insurer still lists prior counsel, it may also request confirmation directly from you or the former firm before changing its records.
Why a Counteroffer May Not Be Enough
A counteroffer from your current lawyer shows that the lawyer is communicating about the injury claim, but it may not tell the insurer that an earlier representation ended. An adjuster may still see the former firm’s letter of representation, contact information, or authorization in the claim file.
Insurers generally want to avoid sending confidential claim information, settlement documents, or payments to the wrong person. When two firms appear connected to the same claim, the adjuster may pause negotiations or request written clarification. This does not necessarily mean the insurer is rejecting your current lawyer’s authority. It may mean the claim file contains conflicting information that needs to be resolved.
A clear change-of-counsel notice is usually more effective than relying on the counteroffer alone.
What the Written Notice Should Include
Your current lawyer will ordinarily send a letter of representation or an updated representation notice. It should identify the claim accurately and make the change in representation unmistakable.
The notice commonly includes:
- Your name and contact information, subject to appropriate privacy protections.
- The insurer’s claim number.
- The date of the accident or incident.
- The name of the insured person or business, if known.
- A statement that the current lawyer represents you concerning the identified injury claim.
- A description of the scope of representation, such as whether it covers bodily injury only or additional claims.
- A statement that previous letters of representation or claim-related authorizations for the former firm should no longer be relied upon.
- The current lawyer’s mailing address, email address, telephone number, and other appropriate contact details.
- A request that future claim communications and settlement documents be directed to current counsel.
- A request for written confirmation that the insurer updated its records.
The insurer may also want a short statement signed by you. That statement can confirm that the former firm no longer represents you and that the current lawyer is authorized to communicate about the claim. Your current lawyer can determine what wording is appropriate without unnecessarily disclosing private terms of your attorney-client agreement.
Steps That Can Prevent Further Confusion
- Use the correct claim information. A missing or incorrect claim number, accident date, or insured name can cause the notice to be placed in the wrong file.
- Send notice through a trackable method. Email confirmation, a delivery receipt, certified mail information, or an insurer portal record can help establish when the notice arrived.
- Ask the former firm to confirm the end of its role. When appropriate, a short closing or withdrawal letter from prior counsel may resolve conflicting records quickly.
- Request acknowledgment from the assigned adjuster. The response should confirm the current lawyer’s contact information and whether any other documentation is needed.
- Check how the change appears on settlement paperwork. Before signing a release, verify that communications, payee information, and any other attorney references are accurate. A release should also be reviewed carefully to determine which claims it covers.
- Keep copies of everything. Save the representation notice, your signed confirmation, delivery records, emails, letters from both firms, the insurer’s response, and any settlement documents.
If the adjuster says the notice is insufficient, ask for the exact missing item in writing. This creates a clear record and allows current counsel to address the request directly.
What Information Should You Preserve?
Changes in counsel can create gaps if documents remain with the former firm or if the insurer sends correspondence to an outdated address. Preserve or request copies of:
- The former and current engagement or termination correspondence.
- Every letter of representation sent to an insurer.
- The initial settlement offer and the current lawyer’s counteroffer.
- Claim acknowledgment letters and adjuster contact information.
- Medical records, bills, visit summaries, and wage-loss documents already collected.
- Photos, witness information, crash reports, and other liability evidence.
- Any release, payment draft, denial letter, reservation letter, or request for additional information.
Your current lawyer may also need to coordinate the transfer of the claim file from prior counsel. That is separate from notifying the insurer, but both steps can be important to maintaining an organized North Carolina personal injury claim.
How This Applies to the Current Claim
Here, current counsel made a counteroffer after the insurer presented an initial settlement offer, but the insurer still listed the former law firm because it had not received confirmation that the earlier representation ended. The practical issue is not whether the counteroffer was received. It is whether the insurer has reliable written direction identifying who currently has authority to act for the injured person.
The current lawyer can address that issue by sending an updated representation notice, attaching or arranging for client confirmation when appropriate, and asking the former firm to provide a closing confirmation if needed. The notice should also ask the insurer to confirm that future negotiations, releases, and payment-related communications will go to current counsel.
Until the insurer confirms the update, the injured person and current lawyer should continue monitoring communications. Important correspondence should not be assumed to have reached current counsel merely because a counteroffer was sent.
Changing the Insurer’s Records Does Not Change the Deadline
Correcting the claim file does not extend the time to file a lawsuit. Under N.C. Gen. Stat. § 1-52, many North Carolina personal injury actions are subject to a three-year filing period, although the correct deadline depends on the claim and facts.
Settlement discussions, a pending counteroffer, or an insurer’s delay in recognizing new counsel generally does not automatically stop or extend the applicable filing period. Current counsel should independently identify and track all possible deadlines.
If a Lawsuit Has Already Been Filed
Updating an insurance claim file is not necessarily the same as changing counsel in a pending court case. If litigation has started, court filings or permission from the court may be required before counsel of record changes. The current and former lawyers should address the court record separately from the insurer’s internal records.
When Wallace Pierce Law May Be Able to Help
Wallace Pierce Law may be able to review the insurer’s correspondence, identify why prior counsel remains listed, and prepare a clear notice defining the current representation. The firm may also communicate with the former firm about transferring the file, request written acknowledgment from the adjuster, and review claim documents for incorrect attorney or payment information.
For a Durham injury claim, this work may also include organizing the existing offer and counteroffer, confirming what evidence the insurer has received, and tracking deadlines while the representation issue is corrected. What steps are appropriate will depend on the documents, the status of the claim, and whether litigation has begun.
