Short Answer

Yes. After you retain a new attorney and authorize representation, the attorney can contact the insurance company about your North Carolina car accident claim. If another law firm is still listed, the insurer may require a new letter of representation and written clarification that the former firm no longer represents you before discussing the claim or MedPay coverage.

What Your New Attorney Usually Sends to the Insurer

A new attorney will generally send a written letter of representation to each insurance carrier involved in the accident. This tells the insurer that the attorney is authorized to communicate for you and identifies the parts of the claim the attorney is handling.

The letter commonly includes:

• Your name and contact information.
• The accident date and location.
• The insurance claim number, if known.
• The names of the drivers or policyholders involved.
• A statement that the law firm represents you.
• A request that future claim communications be directed to the new attorney.
• A request for the names and contact information of the assigned adjusters.

Your attorney may also ask the carrier to open an injury claim if one has not been created, confirm an existing claim, preserve relevant evidence, and identify separate adjusters for bodily injury, property damage, uninsured or underinsured motorist coverage, and medical payments coverage.

Why the Insurance Company May Still List Your Former Lawyer

An insurer normally relies on the most recent representation information in its claim file. If a prior law firm previously sent a representation letter, the carrier may continue treating that firm as your attorney until it receives clear written notice of a change.

This does not necessarily mean the insurer has denied your request or decided that the new attorney cannot become involved. The carrier may simply be trying to avoid disclosing private claim or policy information to two different firms that both appear to represent the same person.

To clear up the issue, the insurer may request one or more of the following:

• A signed agreement retaining the new attorney.
• A letter from the new attorney confirming the representation.
• Your written notice ending the former attorney’s representation.
• A withdrawal or closing letter from the former law firm.
• An authorization allowing the insurer to communicate with the new firm.

The new attorney may also coordinate with the former firm to request the client file, confirm what work has already been completed, and learn whether any documents or deadlines need immediate attention.

Can the New Attorney Ask About MedPay?

Yes. If the attorney’s representation includes first-party insurance issues, the attorney may ask your auto insurer whether the policy includes medical payments coverage, often called MedPay, and request the assigned adjuster’s information.

MedPay is different from a bodily injury claim against an at-fault driver. It is based on the language of an applicable auto policy and may help with covered accident-related medical expenses without requiring a decision that another driver was at fault. Whether coverage exists, who qualifies as an insured person, what documents must be submitted, and what limits or conditions apply depend on the policy and the facts.

An insurer may decline to discuss MedPay until it verifies that the new attorney is authorized to receive the information. After representation is confirmed, the attorney can usually request the applicable claim forms and determine what supporting materials the insurer wants, such as itemized medical bills, treatment records, proof that an expense is connected to the accident, or a signed authorization.

Contact Authority Is Not Settlement Authority

Allowing your new attorney to communicate with an insurer does not mean the attorney may settle the claim without your approval. The lawyer can exchange information, ask questions, submit documentation, discuss disputed issues, and relay offers. You remain responsible for deciding whether to accept a settlement.

You should discuss the scope of representation at the beginning. For example, confirm whether the new attorney will handle only the injury claim or will also address MedPay, vehicle damage, rental expenses, and possible claims under your own policy. Clear limits help prevent an important part of the claim from being overlooked.

Information to Give Your New Attorney

A smooth transfer depends on complete records. Gather what you have, even if some items were already provided to the former firm:

• The prior attorney’s engagement agreement and recent correspondence.
• Any written notice ending the prior representation.
• Insurance cards, declarations pages, and policy correspondence.
• Claim numbers and adjuster names for every known carrier.
• The crash report, photographs, witness information, and repair documents.
• Medical bills, visit summaries, and related payment notices.
• Letters, emails, text messages, or recorded-statement requests from insurers.
• Any settlement offer, release, denial, or deadline notice.

Medical records and itemized bills often become important when documenting an injury claim or requesting MedPay benefits. Your attorney may need separate written permission to obtain or disclose protected medical information. Before signing a broad authorization supplied by an insurer, you may ask the attorney to explain its purpose and scope.

Changing Attorneys Does Not Stop Claim Deadlines

Neither changing lawyers nor waiting for an insurer to update its records automatically extends the time to file 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 claim and circumstances.

Opening an insurance claim, exchanging documents, discussing MedPay, or negotiating with an adjuster generally does not preserve a lawsuit by itself. A new attorney should therefore receive the accident date and any known deadline information promptly. Additional notice requirements or shorter time limits may apply in some situations, including claims involving government entities or particular policy provisions.

How This Applies When Another Firm Is Listed on the Claim

If an injured person’s new attorney contacts an auto carrier to open or confirm an injury claim and request MedPay adjuster information, the carrier may pause until the representation issue is resolved. That response is understandable when its records still name another law firm.

The practical next step is usually for the new attorney to send a clear representation letter, identify the claim, state the scope of the new representation, and provide any client authorization the carrier reasonably requests. The client should also make sure the former firm has written notice of the change. Once the insurer updates its file, the new attorney can continue requesting claim information and submitting appropriate documentation. None of these steps confirms that MedPay coverage exists; that question still depends on the policy and accident facts.

Questions to Clarify During the Transfer

• Has the former attorney been told in writing that the representation ended?
• Has the new attorney received the full file?
• Which insurance claims are included in the new representation?
• Has the insurer confirmed that its contact information was updated?
• Are medical bills or other documents waiting to be submitted?
• Is there an approaching lawsuit or policy-related deadline?
• Does the former fee agreement create any issue that should be addressed?

A prior attorney may assert a right to compensation depending on the fee agreement, the work performed, and applicable law. The new attorney can review that issue and explain how it may be handled. A change of counsel does not automatically mean you will pay two full fees, but the written agreements should be reviewed carefully.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to review the status of a Durham car accident claim, notify the appropriate carriers of new representation, and clarify which adjuster is handling each part of the matter. The firm may also help request the prior file, organize insurance correspondence, collect medical documentation, identify unresolved MedPay questions, and track applicable deadlines.

If another firm remains listed on the claim, Wallace Pierce Law can communicate the change in writing and work to reduce confusion about who is authorized to receive information. Any available coverage or recovery will depend on the policy language, evidence, North Carolina law, and the circumstances of the accident.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.