What should I do if the insurance company says it has not received notice that I am represented?

Why an Insurer May Not Have the Representation Letter

A representation letter tells an insurance company that an attorney represents an injured person in connection with a particular claim. If an adjuster says the letter is missing, that does not necessarily mean it was never sent. The letter may have gone to a general inbox, a different adjuster, the wrong insurance carrier, or a file that had not yet been assigned a claim number.

It is also possible that the insurer received the letter but did not correctly connect it to your claim. This can happen when the letter lacks a claim number, the insurer has more than one file related to the collision, or the claim has been transferred to another adjuster.

The adjuster’s decision to end the discussion after learning that you have an attorney is not necessarily a claim denial. It may simply mean the company wants to verify the representation and communicate through counsel. The adjuster handles the insurer’s claim investigation and does not represent you.

Steps to Take After the Adjuster Says Notice Is Missing

1. Tell your attorney about the contact. Provide the date and time of the call, the adjuster’s name, the phone number used, the insurer’s name, and anything the adjuster said about the missing letter.
2. Share every available claim identifier. Send your attorney the claim number, policy number if known, date of collision, name of the other driver, and copies of any emails or letters from the insurer. These details help the insurer match the representation letter to the correct file.
3. Ask that the letter be resent through a trackable method. Your attorney may send it directly to the assigned adjuster and to the insurer’s designated claims contact. Email, fax confirmation, certified mail, or another documented delivery method can create a useful record.
4. Request written confirmation. Your attorney can ask the insurer to confirm receipt, update the claim file, and identify the adjuster responsible for the bodily injury claim.
5. Do not continue a detailed claim interview on your own. You can politely state that you are represented and provide your attorney’s contact information. Coordinate with your attorney before discussing the collision, your symptoms, treatment, prior injuries, missed work, or other disputed subjects.

If your attorney provides you with a copy of the representation letter, you may be able to forward that copy to the adjuster. However, coordinate with the attorney first. You should not draft a letter in the attorney’s name or make statements about the scope of representation without confirming them.

What the Representation Letter Should Help the Insurer Identify

A useful letter ordinarily gives the insurer enough information to locate the correct claim and communicate with the proper law office. Depending on what information is available, it may identify:

• Your name and contact information.
• The date and general location of the collision.
• The insured driver’s name.
• The claim number or policy number.
• The type of claim involved, such as bodily injury or property damage.
• The attorney and law firm handling the matter.
• The firm’s mailing address, email address, and telephone number.
• A request that claim communications be directed to counsel.

A representation letter does not prove fault, establish insurance coverage, or document the full extent of an injury. Those issues usually require separate investigation and supporting materials. The claim file may still need the crash report, photographs, witness information, medical records, bills, proof of lost income, and other documents tied to the collision.

Preserve a Record of the Insurance Contact

Write down what happened while the conversation is fresh. Keep the adjuster’s voicemail, save emails and text messages, and take a screenshot of the call information if helpful. Your note should distinguish between what the adjuster actually said and what you understood it to mean.

Do not alter or delete photographs, vehicle records, dash-camera video, medical paperwork, or other evidence. Evidence can become harder to obtain as time passes. Your attorney may also need to send a preservation request if another person or business controls relevant video, vehicle data, or other materials.

If the insurer sends a form, authorization, recorded-statement request, release, or settlement document directly to you after learning that you are represented, send it to your attorney before signing or responding. Whether a particular document should be completed depends on the claim, the policy involved, and the purpose of the request.

A Missing Representation Letter Does Not Stop Deadlines

Resending the letter is important, but it does not pause a legal deadline. Insurance discussions, an open claim, or an adjuster’s acknowledgment of representation do not automatically extend the time for filing 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 type of claim and the facts. A letter of representation is not a lawsuit and does not satisfy a court filing deadline.

The notice issue also should not distract from confirming that the insurer has opened the correct claim and is investigating both coverage and liability. If there are multiple insurers or possible sources of coverage, each may require separate notice and claim information.

How This Applies to the Rear-End Collision

In the stated situation, the insurer began asking for a description of the rear-end collision and the injuries, then ended the discussion after learning that the injured person had counsel. The immediate task is not to restart the interview. It is to give the attorney the adjuster’s details and have the representation letter matched to the correct bodily injury claim.

The injured person should preserve notes about the call and avoid guessing about speed, distance, symptoms, or medical issues in a later unplanned conversation. The attorney can confirm who is handling the claim, determine what information has already been provided, and arrange any appropriate communication with the insurer. The fact that the other driver allegedly failed to stop remains a separate liability issue that should be supported with the crash report, vehicle photographs, witness information, and other available evidence.

Common Mistakes to Avoid

• Assuming the insurer’s statement means the injury claim has been denied.
• Continuing a detailed interview merely to prove that the claim is valid.
• Sending inconsistent descriptions of the collision to different adjusters.
• Ignoring insurer correspondence instead of forwarding it to counsel.
• Assuming that hiring an attorney or sending a letter extends the lawsuit deadline.
• Discarding envelopes, emails, voicemail messages, or delivery confirmations showing when communications occurred.