How do I get a letter of representation sent to the other driver’s insurance so they’ll talk to my lawyer instead of me?

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How do I get a letter of representation sent to the other driver’s insurance so they’ll talk to my lawyer instead of me? - North Carolina

Short Answer

In North Carolina, once you hire an attorney and your attorney sends a written “letter of representation” to the liability insurer, adjusters typically route all injury-related communications through your lawyer. Your attorney includes your claim details and instructs the insurer to stop contacting you about the injury claim. You can carve out property damage if you want to keep handling repairs or a rental directly.

Understanding the Problem

You want the other driver’s insurance company to speak with your lawyer—not you—about your North Carolina personal injury claim. The decision point is after you retain counsel: your lawyer sends a written representation notice to the liability insurer so the adjuster communicates through counsel. Here, the insurer has accepted liability for the crash.

Apply the Law

North Carolina law does not require a special court form for a representation letter. Insurers generally honor written notice that you are represented and will direct claim communications to your attorney. Your lawyer’s letter should clearly identify you, the date of loss, the claim number, the insured, and the scope (injury-only or injury plus property damage). You still must protect your deadlines and any policy notice requirements even after counsel gets involved.

Key Requirements

  • Retain counsel and authorize contact: Sign a fee agreement and give your lawyer permission to speak for you.
  • Written notice to the insurer: Your lawyer sends a representation letter with claim identifiers and directs the adjuster to contact counsel.
  • Scope clarity: Specify whether the lawyer handles injury only or also property damage/rental, so the adjuster knows who to contact.
  • Protect deadlines: Track the statute of limitations for bodily injury and any contractual notice duties for your own coverages (Med Pay, UM/UIM).
  • Medical records process: Use targeted, HIPAA-compliant authorizations through your lawyer rather than blanket insurer releases.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the other driver’s insurer accepted liability, your lawyer’s representation letter should result in the adjuster routing injury communications to counsel. Your attorney can state you will continue coordinating repairs and rental directly, so property damage calls still go to you if you prefer. Your lawyer should also protect the three-year filing deadline and give timely notice to your own insurer if Med Pay or UM/UIM may apply.

Process & Timing

  1. Who files: Your attorney. Where: The liability insurer’s claims department/assigned adjuster (and your own insurer if Med Pay or UM/UIM might be involved). What: A representation letter (no court form), plus claim details; often sent by email/fax and certified mail. When: Immediately after you retain counsel.
  2. The adjuster updates the claim to show you are represented, confirms in writing, and directs injury-related communications to your lawyer. If you carved out property damage, you may still receive calls about repairs/rental.
  3. Your lawyer gathers records and bills, manages medical authorizations, and later negotiates the injury claim. If settlement fails, your lawyer files suit in the proper North Carolina trial court before the three-year deadline.

Exceptions & Pitfalls

  • Adjuster still calls you: Refer them to your lawyer and avoid recorded statements or broad medical releases without counsel.
  • Scope confusion: If you want to handle property damage yourself, say so in the letter; otherwise the adjuster may wait for your lawyer on all topics.
  • UM/UIM or Med Pay: Delay in notifying your own insurer can limit coverage; policy notice deadlines are contractual and can be short.
  • Premium concerns: Under the Safe Driver Incentive Plan, not-at-fault crashes should not add surcharge points, but you still must notify your insurer if you need first-party benefits.
  • Evidence preservation: Your lawyer can include a preservation request so the insurer and its insured keep relevant data (photos, vehicle data, camera footage).

Conclusion

To shift communications to your lawyer in North Carolina, retain counsel and have them send a written representation letter to the liability insurer that identifies your claim and directs all injury-related contact to counsel. Clarify whether your lawyer also handles property damage. Protect the three-year filing deadline and give prompt notice to your own insurer if Med Pay or UM/UIM could apply. Next step: sign with your attorney and have them issue the representation letter right away.

Talk to a Personal Injury Attorney

If you want the insurer to speak with your lawyer and not you—and to protect your deadlines and benefits—our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

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.

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