What should we do if the insurance company contacts us about bodily injuries after a lawyer begins representing the injured person?

Why the Bodily Injury Adjuster Should Be Referred to the Lawyer

Once a lawyer represents an injured person, the lawyer will ordinarily notify the appropriate insurance companies and ask that communications about the bodily injury claim go through the legal team. An adjuster may still call because the representation letter has not reached the correct department, the insurer has separate adjusters for different parts of the claim, or the adjuster needs updated contact information.

A call does not necessarily mean that anything improper has happened. The safest response is brief and neutral: explain that a lawyer represents the injured person for the bodily injury claim, provide the lawyer’s contact information if available, and end the discussion. Then notify the lawyer and preserve any voicemail, email, letter, or text message.

The injured person and family should generally avoid answering questions about:

• How the collision happened or who may have been at fault.
• The nature, severity, or progress of the injuries.
• Current physical therapy or other medical care.
• Earlier injuries, health conditions, or accidents.
• Work absences, activity limits, or financial losses.
• Whether the person is willing to settle.

An insurance claim representative gathers information for the insurance company. Even a polite or informal conversation may become part of the claim file. If an adjuster asks for a recorded statement, the injured person should refer the request to counsel rather than agreeing immediately. More information is available in the firm’s discussion of recorded statements to liability adjusters.

Keep the Total-Loss Claim Separate From the Injury Claim

Vehicle damage and bodily injury usually involve different issues and may be assigned to different adjusters. The property claim addresses matters such as the vehicle’s condition, valuation, title, storage, towing, rental expenses, and payment for a total loss. The bodily injury claim addresses medical documentation, causation, lost income when supported, pain and suffering, and other accident-related losses.

If the family is handling the total-loss claim while the lawyer handles bodily injuries, everyone should understand that division. At the start of a property-damage call, the family can state that the discussion is limited to the vehicle and that all injury questions must go to the lawyer. The family should also tell the legal team about any proposed property release before signing it. Release language can be broader than expected, and a lawyer can check whether a document is limited to property damage.

Save the vehicle valuation, photographs, repair estimate, title paperwork, towing and storage documents, rental records, payment letters, and every proposed release. The firm also provides information about distinguishing an injury claim from a vehicle claim.

Ongoing Physical Therapy and Medical Documentation

Because the injured parent remains in physical therapy, the bodily injury documentation is still developing. The legal team may need complete accident-related records, itemized bills, visit summaries, and information showing how the injuries have affected work and ordinary activities. New records may need to be obtained as treatment continues.

The injured person should follow the instructions of their medical providers and document symptoms accurately. The family can help by keeping an organized file containing:

• Names and contact information for accident-related medical providers.
• Dates of appointments and physical therapy visits.
• Medical bills, receipts, and insurance explanations of benefits.
• Work notes and wage-loss records, if income was missed.
• Out-of-pocket expense receipts.
• Letters, emails, and messages from insurance companies.

A broad medical authorization presented by an insurer should not be signed without first sending it to the lawyer. The legal team can determine what records are relevant and how they should be obtained and submitted. This helps ensure that the claim is evaluated using complete and organized information rather than an informal description given during an unexpected call.

How Possible Alcohol-Related Charges May Affect the Claim

Possible alcohol-related charges against the other driver may be important, but a charge by itself does not automatically establish civil liability or determine the outcome of the injury claim. The legal team may investigate the collision report, witness information, photographs, officer materials, available video, testing information, and the status of any related proceeding.

This evidence can bear on how the collision occurred and whether the driver engaged in willful or wanton conduct. Under N.C. Gen. Stat. § 1D-15, punitive damages require compensatory liability and clear and convincing proof of a qualifying aggravating factor. Their availability depends on the evidence and should not be assumed merely because alcohol-related allegations exist.

Time can matter when seeking video, testing records, photographs, and other evidence that may not be kept indefinitely. The family should send any citations, officer information, court notices, witness details, or messages about possible alcohol use to the legal team instead of trying to question the other driver or witnesses independently.

Why Casual Statements About Fault Can Matter in North Carolina

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, the issue can create serious problems for the claim. The party raising contributory negligence generally carries the burden of proving it under N.C. Gen. Stat. § 1-139.

That is one reason not to speculate during an adjuster’s call. Statements such as “I may not have seen the car” or “I am probably partly responsible” can be misunderstood when made without reviewing the crash evidence. The legal team should evaluate both what the other driver did and the evidence showing that the injured person acted reasonably.

What to Do After an Unexpected Insurance Contact

1. Identify the caller. Write down the person’s name, company, telephone number, claim number, and the date and time.
2. Confirm the subject. Ask whether the caller is handling property damage, bodily injury, or another coverage issue.
3. Refer injury questions to counsel. Provide the lawyer’s contact information without discussing treatment, fault, or settlement.
4. Do not authorize a recording. Send any recorded-statement request to the legal team.
5. Do not sign immediately. Forward medical releases, property releases, settlement agreements, and checks accompanied by release language for review.
6. Preserve the communication. Save voicemails, envelopes, emails, texts, and written offers.
7. Tell the lawyer promptly. Explain what was asked and what, if anything, was said.

How This Applies to the Family’s Situation

Here, the bodily injury claim should ordinarily be routed through the injured parent’s legal team while physical therapy continues and accident-related medical records are collected. The family may continue communicating about the total-loss vehicle claim if that arrangement has been approved, but each conversation should be expressly limited to property damage.

Information about possible alcohol-related charges should be given to the legal team so it can be investigated and preserved. The family should not assume that the criminal process will collect or protect every item needed for the civil injury claim.

Insurance negotiations also do not automatically extend the deadline for filing a lawsuit. N.C. Gen. Stat. § 1-52 provides a three-year period for many North Carolina personal injury actions, although the correct deadline depends on the claim and facts. Counsel should track the applicable date even while treatment, record collection, property discussions, or criminal proceedings remain ongoing.