How does my attorney notify the other driver's insurance company that they represent me?

What Is a Letter of Representation?

A letter of representation is a formal notice that you have hired an attorney to handle a particular claim. It is commonly sent by email, fax, mail, or through an insurer's claim portal. The attorney keeps proof of when and where the notice was delivered.

The letter generally tells the carrier that the attorney represents you for injuries arising from the identified car accident. It also asks the adjuster to send future bodily injury claim communications, requests, and correspondence to the law firm.

This notice helps reduce the risk of confusion about who is handling the claim. The insurance adjuster works for the carrier and does not represent the injured person. After the carrier records the representation, your attorney normally becomes the main contact for the bodily injury portion of the claim.

What Information Does the Attorney Include?

A useful representation letter gives the insurer enough information to match the notice to the correct collision and claim file. It commonly includes:

• Your full name and contact information.
• The insured driver's name.
• The date and location of the collision.
• The insurer's policy number, if available.
• The insurance claim number, if one has already been assigned.
• A brief statement that the representation concerns a bodily injury claim.
• The attorney's name, mailing address, email address, telephone number, and fax number.
• A request that the carrier confirm the assigned adjuster's identity and contact information.

The attorney may include a copy of the crash report or other identifying material. Under N.C. Gen. Stat. § 20-166.1, law-enforcement crash reports are generally public records and may contain information that helps identify the involved drivers, vehicles, and applicable insurance.

A separate evidence-preservation notice may also be appropriate when photographs, vehicle data, video, electronic records, or other time-sensitive evidence could be lost. That notice serves a different purpose from the representation letter.

How Can the Attorney Get the Claim Number?

The attorney does not necessarily need the claim number before contacting the insurer. If the carrier has not opened a claim, the attorney can report the collision and request that one be created. If a file already exists, the carrier can often locate it using several matching details.

Helpful sources for finding or obtaining the claim number include:

• An email, text message, or letter previously sent by the adjuster.
• A claim acknowledgment or property-damage estimate.
• The other driver's insurance card or policy information.
• The law-enforcement crash report.
• The insured driver's name, vehicle information, and collision date.
• The insurer's general claims telephone number or online reporting system.

Once the carrier supplies the number, the attorney can send or update the representation letter with that number in the subject line. This makes it easier for later medical records, bills, photographs, and other documents to reach the correct file.

What Happens After the Insurer Receives the Letter?

The insurer will usually associate the attorney with the claim and provide the name and contact information of the assigned adjuster. The adjuster may acknowledge the letter, request basic collision information, investigate coverage, and ask for documents supporting the injury claim.

Your attorney may then communicate with the adjuster about matters such as:

• The status of the liability investigation.
• Available photographs, statements, and crash documentation.
• Medical records, bills, and visit summaries connected to the claimed injuries.
• Documentation of lost income or other claimed losses.
• Written explanations of a coverage or liability position.
• Any settlement paperwork presented by the carrier.

The attorney may ask the insurer to confirm coverage early, but a representation letter is not the same as a coverage determination. It also does not require the insurer to accept its driver's fault or agree that every claimed loss resulted from the collision.

What the Representation Letter Does Not Do

Sending the letter does not resolve disagreements about how the accident happened. North Carolina allows contributory negligence to be raised as a defense. If the defense proves that the injured person's own negligence helped cause the collision or injury, that can create serious problems for the claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally carries the burden of proving it. Evidence should therefore address both the insured driver's conduct and why the injured person acted reasonably.

The letter also does not stop a lawsuit deadline. Many North Carolina personal injury actions are subject to the three-year period described in N.C. Gen. Stat. § 1-52, although the correct deadline depends on the claim and facts. Opening an insurance claim, sending a representation letter, or negotiating with an adjuster does not automatically extend the time to file a lawsuit.

Finally, the letter does not mean the insurer will never contact you. A carrier might reach out about a separate property-damage issue, request an authorization, or contact you before its system is updated. If that happens, you can identify your attorney and promptly forward the communication to the law firm rather than assuming it is unimportant.

How This Applies to Your North Carolina Claim

Here, the attorney does not need the insurance claim number before submitting or completing the representation notice. The practical first step is to review any prior insurer correspondence, the other driver's insurance information, and the crash report. If none of those materials shows a claim number, the attorney can contact the carrier with the insured driver's name, the date of the accident, and available vehicle or policy information.

After locating or opening the file, the attorney can send the letter and request written confirmation that the carrier has recorded the representation. You should preserve any documents that may help with this process, including:

• The crash report or report number.
• Photographs of the vehicles and accident scene.
• The other driver's insurance card or exchanged information.
• Emails, letters, text messages, and voicemails from an adjuster.
• Property-damage estimates and rental-car correspondence.
• Medical records, bills, and visit summaries related to the accident.
• Documents showing missed work or other claimed expenses.

Keep the original versions when possible. Avoid altering photographs, deleting messages, or discarding envelopes and attachments that show when a communication was sent.