Short Answer

Start a bodily injury claim by notifying the appropriate auto insurer, providing basic crash information, and asking for the claim number and assigned adjuster. If an attorney represents you, the attorney will usually send written notice of representation and coordinate communications with the insurer. Opening a claim does not prove fault, guarantee coverage, or protect the deadline for filing a lawsuit.

What It Means to Start a Bodily Injury Claim

A bodily injury claim requests compensation for harm caused by a car accident. It is different from a property damage claim for vehicle repairs, towing, or damaged personal items. An insurer may handle both claims under one claim number, but separate adjusters or claim features may be assigned.

Starting the claim usually means giving the insurer enough information to identify the collision and open its investigation. The initial notice commonly includes:

• The names and contact information of the injured people.
• The date and location of the accident.
• The names of the drivers and vehicle owners.
• The relevant policy number, if available.
• The law enforcement agency and crash report number.
• A brief statement that bodily injuries are being claimed.
• The attorney’s contact information if the injured person is represented.

You generally do not need to know the full medical outcome or every category of loss before reporting the claim. It is usually better to open the claim promptly while continuing to collect accurate documentation.

How a Lawyer Notifies the Insurance Company

When a law firm begins representing an injured person, it will typically send a letter of representation to the liability insurer. The letter identifies the client, the insured driver, the collision date, and any known policy or claim numbers. It also asks the insurer to confirm the assigned claims representative and direct future claim communications through the law firm.

The firm may include a copy of the crash report or request that the insurer preserve relevant evidence. Depending on the circumstances, preservation may cover vehicle data, photographs, recorded communications, inspection materials, video, and other information that could be lost or overwritten.

A notice letter is not the same as filing a lawsuit. It opens or organizes the insurance claim and creates a written record of representation. The insurer may then investigate fault, coverage, causation, injuries, and claimed losses.

Information to Gather at the Beginning

Prompt documentation matters because physical evidence can disappear and memories can fade. Keep the original or a clear copy of each relevant item, including:

• The crash report and any information-exchange form.
• Photographs or videos of the vehicles, roadway, visible injuries, and damaged property.
• Names and contact information for witnesses.
• Insurance cards, declarations pages, claim letters, and adjuster communications.
• Medical records, bills, visit summaries, and discharge paperwork related to the accident.
• Receipts for accident-related out-of-pocket expenses.
• Work records supporting missed time or reduced earnings, if applicable.
• A factual record of symptoms, appointments, and how the injuries affect ordinary activities.

North Carolina law requires law enforcement investigation and a written report for qualifying reportable accidents. N.C. Gen. Stat. § 20-166.1 addresses crash reporting and access to certain accident reports. The report can provide useful starting information, but the insurer may conduct its own investigation and reach a different position on fault.

What the Insurer Will Usually Investigate

Opening a claim does not mean the insurance company has accepted responsibility. The adjuster will commonly review how the collision happened, whether the policy applies, whether the claimed injuries resulted from the crash, and what documentation supports the losses.

Issues that often receive close attention include delayed medical visits, gaps in documented care, prior medical conditions, later accidents, limited vehicle damage, conflicting witness accounts, and statements about how the crash occurred. These facts do not automatically defeat a claim, but they may affect how the insurer evaluates it.

Be accurate and avoid guessing. Before signing a broad medical authorization, release, settlement agreement, or other insurance document, make sure you understand what information it permits the insurer to obtain and what rights it may affect. A represented person can send the document to counsel for review.

Fault Matters Under North Carolina Law

A bodily injury claim generally requires evidence that another person failed to use reasonable care, that this conduct caused the accident, and that the accident caused compensable harm. Evidence should address both the other driver’s conduct and the injured person’s conduct.

North Carolina allows contributory negligence as a defense. If the defense proves that an injured person’s own negligence helped cause the injury, the defense can create serious problems for recovery. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally bears the burden of proving it.

This makes early evidence preservation especially important when the drivers disagree about speed, signals, lane position, distraction, or right of way. Avoid assuming that a traffic citation or the insurer’s first assessment conclusively resolves civil responsibility.

Starting Claims for a Parent and Child

When a parent and child are both injured, each injured person has a distinct bodily injury claim even if the insurer uses one overall claim number. The law firm should identify both clients in its notice and confirm how the insurer has organized their claim files.

A child’s claim also presents additional procedural issues. A parent may have related rights or responsibilities involving some medical expenses, while the child has a claim for the child’s own injuries and losses. The ownership and handling of these items should be reviewed rather than assumed.

If a minor’s claim later settles, North Carolina procedure commonly requires judicial review and approval before the settlement becomes binding. A guardian ad litem may also be needed in a court proceeding. These settlement procedures usually arise later, but identifying the child’s claim correctly at the beginning helps avoid confusion.

Do Not Confuse an Insurance Claim With a Lawsuit Deadline

For many North Carolina personal injury actions, N.C. Gen. Stat. § 1-52 provides a three-year limitations period. The correct deadline can depend on the claimant, the defendant, the nature of the claim, and other circumstances. Claims involving a child may raise different timing questions, and a parent’s related claim may not follow the same rules as the child’s claim.

Calling an insurer, receiving a claim number, sending a representation letter, or negotiating with an adjuster does not automatically extend the deadline for filing a lawsuit. Counsel should calculate and track all potentially applicable deadlines separately from the insurance claim process.

How This Applies

Where an individual and their child have bodily injury claims and a law firm has recently begun representing them, the immediate task is usually to send written notice to the insurer. The notice should identify both injured clients, the insured driver, the accident date, and any known claim or policy number. It should ask the insurer to acknowledge representation, identify the assigned claims representative, and direct claim communications to the law firm.

The firm can then confirm whether the insurer has created separate bodily injury files or claim features for the parent and child. It can also obtain the crash report, preserve available evidence, organize medical documentation, identify possible coverage, and track deadlines. The notice should remain factual and should not attempt to resolve the claims before the relevant evidence is available.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may help start a Durham car accident bodily injury claim by identifying the appropriate insurers, preparing the notice of representation, and establishing communication with the assigned adjuster. The firm may also help separate the parent’s and child’s claims, collect supporting records, preserve time-sensitive evidence, and evaluate disputed fault under North Carolina law.

As the claims develop, the firm can review insurer requests, organize medical bills and lost-income records, examine possible reimbursement or lien issues, and monitor lawsuit deadlines. For a child’s claim, the firm can also address the additional procedures that may apply if a settlement is eventually proposed. The available steps and outcome depend on the facts, insurance policies, evidence, and applicable law.

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.