Who should receive my attorney's representation letter and injury demand?

The Representation Letter and Injury Demand Serve Different Purposes

A representation letter tells an insurer that an attorney represents the injured passenger. It identifies the accident and instructs the insurer to direct claim communications to the attorney. It should usually be sent early, even if medical treatment and the full extent of the injuries are not yet documented.

An injury demand is different. It presents the liability position, injuries, medical documentation, financial losses, and proposed terms for resolving the claim. It generally goes to the insurer and adjuster who have authority to evaluate the bodily injury claim.

Because the documents serve different purposes, they may not be sent at the same time. Your attorney may notify several potentially relevant insurers but later direct a demand only to the carrier confirmed to be handling a particular coverage claim.

Who Should Receive the Representation Letter?

In a North Carolina passenger injury claim, the representation letter may need to reach more than one company. Depending on the accident and available policies, appropriate recipients may include:

• The liability insurer for the driver believed to have caused the crash. This is often the primary recipient.
• The insurer for the vehicle that driver was operating. The vehicle owner and driver may have different policies or carriers.
• The host driver's insurer. This may matter if there is a reasonable question about whether the driver carrying the passenger contributed to the collision.
• An insurer that may provide first-party benefits. Depending on the policies and facts, medical payments, uninsured motorist, or underinsured motorist coverage may need to be investigated. Coverage cannot be determined without reviewing the applicable policy language and circumstances.
• A claim administrator. Commercial vehicles, rental vehicles, government vehicles, and self-insured businesses may use a separate administrator rather than a conventional insurance adjuster.

The letter should be addressed to the assigned bodily injury adjuster when that person is known. Sending a copy through the carrier's established claims address or portal can create an additional record of delivery. Merely sending the letter to an insurance agent or property-damage adjuster may not place it in the correct bodily injury file.

Confirm That a Separate Bodily Injury Claim Exists

Insurance companies commonly maintain different claim assignments for vehicle damage and personal injuries arising from the same crash. A claim number on repair paperwork does not prove that the passenger has been added as an injury claimant.

The attorney's office should request written confirmation of:

• The full name of the insurance company handling the injury claim.
• The bodily injury claim number.
• The assigned adjuster's name and contact information.
• The insured driver's and vehicle owner's names.
• The date and location of the collision.
• Whether the carrier is investigating liability, coverage, or both.
• Whether another insurer or administrator is expected to handle any part of the claim.

The representation letter should clearly identify the passenger as an injured claimant. It should not rely only on the driver's existing property-damage claim number.

Where Should the Injury Demand Go?

The injury demand should ordinarily be delivered to the confirmed bodily injury adjuster and the carrier responsible for evaluating that claim. It should include the correct bodily injury claim number and enough identifying information to prevent it from being placed in another person's file.

If more than one policy may apply, an attorney may need to provide separate notices or demands tailored to each coverage. The same package should not be sent blindly to every company because the requested relief, supporting documents, and policy issues may differ. Release language also requires careful review because resolving one claim can affect other potential rights.

A well-supported demand may include:

• The collision report, photographs, witness information, or other liability evidence.
• A clear explanation of how the collision occurred.
• Medical records, itemized bills, and visit summaries related to the claimed injuries.
• Documentation of lost income or reduced work when supported.
• Records of relevant out-of-pocket expenses.
• An explanation of how the injuries affected the passenger's daily activities.
• Clear proposed settlement terms and instructions for a written response.

North Carolina permits contributory negligence to be raised as a defense. If an insurer contends that an injured person's own conduct helped cause the injury, that issue can create serious difficulties for the claim. The demand and supporting evidence should therefore address both what the responsible driver did and why the passenger's conduct was reasonable, when that issue is disputed.

What to Do When One Insurer Points to Another

A statement that another insurer is “handling the claim” should be treated as a lead that requires confirmation, not as proof that the documents reached the correct person. Your attorney can ask the first insurer to state in writing whether it is denying coverage, denying liability, or simply directing the claim elsewhere.

The attorney should also request the other carrier's name, claim number, adjuster, and contact information. A fresh representation letter and demand should then be delivered directly to that carrier. Copies of the transmission, delivery confirmation, denial, and follow-up correspondence should be preserved.

If the first carrier may still provide relevant coverage, it may be appropriate to keep that carrier on notice until the coverage question is resolved. An attorney can evaluate whether the carriers insure different drivers, vehicles, or layers of coverage rather than assuming only one company could be involved.

How This Applies to the Passenger's Claim

Here, the passenger's injury apparently was not included in the existing insurance claim. The first step is to confirm that a separate bodily injury claim has been opened in the passenger's name. The representation letter should identify the passenger, collision, drivers, vehicles, and any known claim or policy numbers while requesting the assigned injury adjuster's information.

Because one insurer rejected the demand and named another insurer, the attorney should determine whether the response was a coverage denial, a claim-routing decision, or a decision on the merits. The named carrier should receive the representation letter and demand directly, with proof of delivery. The original carrier's written response should also be retained in case questions later arise about notice or available coverage.

Keep the Claim Deadline Separate From Insurance Negotiations

For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 generally provides a three-year period for filing an action involving injury to a person. Different rules can apply in particular circumstances, including claims involving government entities or a person's death.

Representation letters, demands, claim investigations, and settlement discussions do not automatically extend the filing deadline. Uncertainty about which insurer is handling the claim should be addressed promptly without allowing the lawsuit deadline to pass.

Information Worth Preserving

• Every claim and policy number received from an insurer.
• Representation letters and proof that each was delivered.
• The injury demand and all attachments.
• Written denials and claim-transfer notices.
• Adjuster emails, letters, and telephone notes.
• The collision report, photographs, and witness information.
• Medical records, bills, visit summaries, and income-loss documents.
• Any proposed release, settlement agreement, or payment paperwork.