Short Answer

In North Carolina, send a clear letter of representation (LOR) to both the at‑fault driver’s insurer and your own insurer, then build and deliver a complete uninsured motorist (UM) demand package to your insurer. Your LOR should identify the claim, direct all contact to your attorney, and request coverage information. Your UM demand must prove liability, damages, your UM coverage, and that the at‑fault driver was uninsured, and it should comply with policy conditions like notice, authorizations, and proof‑of‑loss. Keep proof of delivery and calendar all deadlines, including the lawsuit deadline.

How North Carolina Law Applies

UM claims are first‑party insurance claims under your own auto policy when the at‑fault driver has no liability insurance. North Carolina’s Financial Responsibility Act requires UM coverage in most auto policies and outlines procedures for UM claims and litigation. Practically, that means you notify both insurers early, direct communications through your attorney, gather evidence, and present a documented, policy‑compliant demand to your UM carrier. If the case does not settle, North Carolina law permits litigation against the uninsured motorist with required notice to your UM insurer, and policies often include arbitration provisions for UM disputes.

Key Requirements

• Notice to insurers: Promptly notify the at‑fault driver’s liability insurer (if any) and your own insurer of a potential UM claim.
• Letter of representation (LOR): Identify client, date of crash, claim number (if known), policy number (if known), and request all contact go through your attorney.
• Proof of uninsured status: Provide documentation that the at‑fault driver lacked liability coverage (e.g., insurer denial letter, DMV/insurer verification, or affidavit where appropriate).
• Coverage proof: Include your declarations page showing UM coverage and limits.
• Liability documentation: Police report, photos, witness statements, and a concise liability summary.
• Damages documentation: Medical records and bills, wage loss verification, out‑of‑pocket expenses, and a damages narrative.
• Policy compliance: Meet policy conditions such as recorded statement, medical authorizations (narrowly tailored), proof‑of‑loss, and, if requested, an examination under oath.
• Settlement demand: A specific dollar amount within UM limits, with a response deadline.

Process & Timing

1. Set up the claim: Call or email both insurers to open claims (liability and UM). Get claim numbers, adjuster names, and contact details.
2. Send the LOR: On firm letterhead, send to each insurer by email and certified mail. Include your client’s name, date of loss, claim/policy numbers (if known), police report number, and request preservation of recorded statements, 911 audio, and vehicle data. Ask your own insurer to confirm UM coverage and provide the declarations page if you do not have it.
3. Gather evidence: Obtain the police report, scene photos, vehicle photos/estimates, witness info, and any available 911 or traffic‑camera data. Order medical records and itemized bills; collect wage verification and employer letters if claiming lost income.
4. Confirm uninsured status: Document the at‑fault driver’s lack of liability coverage (e.g., insurer denial of coverage, DMV/insurer verification). Keep this proof for your UM file.
5. Address liens early: Identify and track health insurer, Medicare/Medicaid, and provider liens; request itemized lien statements. This helps structure a clean settlement.
6. Build the UM demand: Draft a concise letter summarizing liability, injuries, treatment, medical costs, wage loss, and non‑economic harm. Attach the evidence and state a specific dollar demand within UM limits. Mark the letter “For Settlement Purposes Only.”
7. Satisfy policy conditions: Provide reasonably tailored medical authorizations and cooperate with requested statements or examinations under oath as required by your policy. Submit any insurer proof‑of‑loss forms.
8. Send the UM demand: Deliver to your UM adjuster via secure email/portal and certified mail. Include an exhibit list and an index of medical records/bills. Give a clear response deadline (commonly 30 days).
9. Negotiate and document: Respond to reasonable requests, clarify liens, and update the damages summary as needed. Confirm any settlement terms in writing, including lien resolution and release language.
10. If no settlement: Consider arbitration if provided by the policy. If litigation is necessary, file suit against the uninsured motorist and serve your UM carrier as required by statute and the policy.

What the Statutes Say

• North Carolina General Statutes § 20‑279.21 — Financial Responsibility Act provisions governing UM/UIM coverage, required protections, and procedures, including notice to the UM carrier when suing the uninsured motorist.
• North Carolina General Statutes § 58‑63‑15(11) — Unfair claim settlement practices (insurers must investigate and handle claims in good faith).
• North Carolina General Statutes § 44‑49 and § 44‑50 — Medical provider lien rules that often affect settlement disbursements.

Exceptions & Pitfalls

• Hit‑and‑run proof: UM claims for unidentified drivers have special proof requirements that often require physical contact or independent corroboration; review your policy and the statute.
• Deadlines: North Carolina generally allows three years to sue for bodily injury and two years for wrongful death; specific citations vary by claim. Contract deadlines in your policy may be shorter; calendar both.
• Notice gaps: Late notice, refusing reasonable policy‑required cooperation, or sending demands to the wrong address can delay or jeopardize coverage. Use the claim number and adjuster’s direct contact.
• Incomplete demand: Missing proof of uninsured status, UM declarations page, or itemized medical bills can stall evaluation.
• Overbroad authorizations: Provide narrowly tailored medical releases related to the injuries at issue to avoid unnecessary disputes.
• Liens and subrogation: Failing to account for Medicare/Medicaid, health plan, or provider liens can derail settlement funding.
• Confidentiality: Mark settlement communications appropriately; don’t include inadmissible statements outside that context.

Helpful Hints

• Use a one‑page LOR with a clean subject line: “Insured: [Your Name]; Claim No.: [#]; Date of Loss: [MM/DD/YYYY].”
• Ask your insurer for the correct claims email/portal and physical address for certified mail. Save delivery receipts.
• Include an exhibit list and paginate your demand package. Adjusters appreciate organized files.
• Attach itemized medical bills, not just account summaries. Itemization speeds up evaluation.
• Provide wage loss proof using employer letters and paystubs; summarize totals in a one‑page damages sheet.
• If the at‑fault insurer denies coverage, request the denial in writing for your UM file.
• Calendar response deadlines and follow up weekly by email with a brief status request.

Sources & References

• North Carolina General Statutes § 20‑279.21 (Financial Responsibility Act; UM/UIM coverage and procedures), available at ncleg.gov.
• North Carolina General Statutes § 58‑63‑15(11) (Unfair claim settlement practices), available at ncleg.gov.
• North Carolina General Statutes §§ 44‑49 and 44‑50 (Medical provider liens impacting settlements), available at ncleg.gov.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

Talk to a Personal Injury Attorney

If you’re dealing with sending a letter of representation and a UM demand to an insurer, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.