Where do I send a letter of representation and demand letter for my car accident claim?
Where do I send a letter of representation and demand letter for my car accident claim? — North Carolina
Short Answer
In North Carolina, send your letter of representation to the at‑fault driver’s auto insurer (claims department or assigned adjuster) and a copy to the at‑fault driver. Send your settlement demand to the insurer’s assigned adjuster. Also notify your own insurer if you will pursue Medical Payments or uninsured/underinsured motorist benefits. If a government vehicle is involved, different rules may require filing with the North Carolina Industrial Commission instead of sending a typical demand.
How North Carolina Law Applies
There is no single statute that dictates where to mail a representation or demand letter in a car crash claim. In practice, you notify all insurance carriers who may owe benefits and any insureds whose policies may respond. Your letter of representation (LOR) tells the insurer to communicate with you, preserves evidence, and starts the claim dialogue. Your demand package goes to the liability insurer’s assigned adjuster after treatment concludes or your injuries stabilize.
Because details vary from crash to crash, use the police crash report to identify the at‑fault driver, vehicle owner, and insurer. If the at‑fault driver was on the job, notify the employer and its insurer. If a state vehicle was involved, you must pursue the State Tort Claims Act process rather than sending a typical settlement demand to an adjuster.
Key Requirements
Send the LOR to: (a) the at‑fault driver’s liability insurer (claims intake or assigned adjuster), and (b) the at‑fault driver at the address on the crash report.
Send the demand to the liability insurer’s assigned adjuster; include claim number, facts, injuries, medical records/bills, wage loss proof, photos, and your settlement analysis.
Notify your own insurer promptly if you may claim Medical Payments or UM/UIM benefits. Ask for written confirmation of coverages and any consent‑to‑settle requirements.
If the at‑fault driver was a government employee operating a state vehicle, evaluate filing a claim with the North Carolina Industrial Commission under the State Tort Claims Act.
Use the police crash report to verify insurer names and policy numbers. If unknown, send the LOR to the driver and vehicle owner and request they forward it to their insurer.
Preserve evidence: send preservation language to any insurer, the at‑fault driver, the employer (if applicable), tow yards, and businesses that might have video footage.
Track the statute of limitations: do not rely on ongoing negotiations to pause the deadline.
Process & Timing
Get the crash report. Confirm the at‑fault driver, vehicle owner, and listed insurer/policy number.
Open the claim. Call the liability insurer’s claims line to open a claim and obtain a claim number and adjuster contact info.
Send your LOR. Deliver it to the liability insurer (email/portal/fax/mail) and copy the at‑fault driver. Include claim number, your contact info, and a request that all communications go through you.
Notify your insurer. If you have Medical Payments and/or UM/UIM, open claims and send your LOR to your carrier as well.
Treat and document. Complete medical care; keep bills, records, wage documentation, and photos.
Assemble the demand. Include a concise facts summary, liability analysis, injuries/diagnoses, medical specials, wage loss, impacts on daily life, and supporting exhibits.
Send the demand to the assigned liability adjuster. Confirm receipt. Calendar follow‑up dates. Insurers must respond and investigate reasonably promptly under North Carolina law, but exact timelines can vary.
If UIM may apply, request your UIM carrier’s written consent before accepting any liability settlement to avoid jeopardizing UIM benefits.
If a state vehicle is involved, file with the Industrial Commission under the State Tort Claims Act rather than sending a traditional demand to an auto adjuster.
Mind the filing deadline. If negotiations stall, file suit before the statute of limitations expires.
North Carolina Gen. Stat. § 143-291 (State Tort Claims Act – negligence claims against state agencies/employees are filed with the Industrial Commission).
Exceptions & Pitfalls
Do not assume the insurer knows you represent the claimant; send the LOR and confirm it is logged on the claim.
Settling without your UIM carrier’s written consent can forfeit UIM benefits. Notify and obtain consent in writing before you settle.
Government vehicles change the process. State claims go through the Industrial Commission; cities/counties may have immunity unless insurance coverage applies.
Deadlines still run during talks. File suit before the statute of limitations expires, even if negotiations are active.
Send preservation requests early to avoid loss of dashcam or business video that may auto‑delete.
Verify insurer and policy information from the crash report; sending to the wrong carrier delays the claim.
Helpful Hints
Use the police crash report to get the insurer name and policy number, the driver’s address, and the vehicle owner.
Include your client’s full name, date of birth, date/time/location of crash, claim number, and your contact details in every letter.
Send important notices by email and certified mail, and keep delivery confirmations.
Ask the insurer for written confirmation of all applicable coverages (liability, MedPay, UM/UIM) and policy limits when appropriate.
If liability is disputed, send a targeted preservation letter for vehicle data, event data recorder downloads, and third‑party video.
If injuries are ongoing, note that your demand is for negotiation purposes and does not waive your right to file suit.
Sources & References
North Carolina Gen. Stat. § 58-63-15(11), Unfair claim settlement practices, ncleg.gov.
North Carolina Gen. Stat. § 1-52(16), Three‑year limitations period for personal injury/property damage, ncleg.gov.
North Carolina Gen. Stat. § 1-53(4), Two‑year limitations period for wrongful death, ncleg.gov.
North Carolina Gen. Stat. § 20-279.21, Motor Vehicle Safety and Financial Responsibility Act (UM/UIM provisions), ncleg.gov.
North Carolina Gen. Stat. § 143-291, State Tort Claims Act procedures, ncleg.gov.
Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.
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