Short Answer

In North Carolina, a letter of representation for an injury (bodily injury) claim should clearly identify who you represent, the crash/incident and claim identifiers, where all communications should be sent, and what your representation covers (and does not cover). It should also tell the insurer to direct all contact through your office, preserve evidence, and confirm available coverages (like liability limits and MedPay/UM/UIM) and any needed claim numbers. If property damage is not part of your engagement, say that plainly to avoid confusion and unintended releases.

Understanding the Problem

In North Carolina, if you are hiring a personal injury attorney after a motor-vehicle incident, you may want to know what the attorney must include when notifying the auto insurer that the attorney now represents you for the bodily injury claim, especially where the attorney is not handling property damage and your child was also a passenger.

Apply the Law

North Carolina does not require a single “mandatory form” for a representation letter in an auto injury claim, but the letter should be drafted to (1) clearly establish the attorney-client relationship for the bodily injury portion of the claim, (2) prevent direct contact with represented people, (3) reduce claim-handling confusion (especially when property damage is being handled separately), and (4) protect the client from signing paperwork that unintentionally settles more than intended. In motor-vehicle matters, North Carolina law also recognizes that settling property damage does not automatically settle bodily injury unless the written settlement terms clearly say it does, so it is smart practice to separate those issues in writing from the start.

Key Requirements

• Identify the represented people and capacity: List the adult client and the child claimant, and clarify that the firm represents them for bodily injury claims arising from the incident.
• Identify the incident and claim identifiers: Include the date of loss, location (city/county if known), insured/driver names as available, policy number if known, and ask the insurer to confirm the claim number if you do not have it.
• Define the scope (bodily injury only): State that representation is limited to bodily injury (and related damages) and does not include property damage, rental, towing, or vehicle total-loss issues.
• Direct communications through counsel: Instruct the adjuster that all calls, letters, emails, and document requests should go to the attorney’s office, not directly to the client or child.
• Request coverage and limits information: Ask the insurer to confirm applicable coverages and available limits that may apply (for example, liability, MedPay, UM/UIM), and identify any steps the insurer requires to open or process those coverages.
• Preserve evidence: Request that the insurer and insured preserve relevant evidence (photos, recorded statements, vehicle data, dashcam/bodycam footage if any, and claim file materials) and not destroy or overwrite it.
• Set expectations for records and authorizations: Tell the insurer you will provide medical documentation and wage/loss documentation when available, and that any authorizations or releases must be reviewed before signature.

What the Statutes Say

• N.C. Gen. Stat. § 1-540.2 (Settlement of property damage claims from motor-vehicle collisions) - A property-damage settlement is not, by itself, an admission of liability and does not automatically release bodily injury claims unless the written settlement terms specifically say it settles all claims.
• N.C. Gen. Stat. § 7A-38 (Prelitigation mediation of insurance claims) - In certain situations an insurer can initiate prelitigation mediation by filing with the clerk of superior court, and the filing can toll time periods as the statute describes.

Analysis

Apply the Rule to the Facts: Here, the letter should name the adult client and the child as the represented injury claimants because both were passengers and are pursuing bodily injury claims. It should also clearly state that the firm is not handling property damage, so the adjuster does not mix repair/total-loss paperwork with injury settlement paperwork. Finally, the letter should request the claim number and coverage information so the injury claim can be handled efficiently through counsel.

Process & Timing

1. Who sends: The attorney for the injured passengers. Where: To the auto insurer’s claims department/assigned adjuster (and, if appropriate, the insured’s carrier and any other potentially involved carrier). What: A letter of representation (often by email and mail) identifying the claimants, date of loss, and scope (bodily injury only). When: As soon as the attorney is retained and has enough information to identify the incident.
2. Insurer response: The adjuster typically confirms the claim number, adjuster contact information, and may request medical authorizations, bills/records, wage information, and a description of injuries and treatment.
3. Next documentation step: After treatment stabilizes or key records are available, counsel usually submits a demand package (or periodic updates) with medical records/bills and other loss documentation to support settlement discussions.

Exceptions & Pitfalls

• Accidental “global” release: A common problem is signing paperwork that settles more than intended. Even though property damage and bodily injury are separate issues, always read any release language closely and keep the “bodily injury only” scope clear in writing.
• Child claim handling: When a child is a claimant, insurers often require extra documentation and may treat settlement differently than an adult’s claim. Do not assume the same paperwork works for both claimants.
• Direct contact and recorded statements: If the insurer continues contacting the client directly, it can lead to inconsistent statements or pressure to sign authorizations. The letter should instruct the insurer to route communications through counsel.
• Property damage confusion: If property damage is being handled separately, the insurer may still send repair/total-loss forms to the injury lawyer. The letter should say who (if anyone) is handling property damage and that your office is not responsible for those issues.

Conclusion

A North Carolina letter of representation for an injury claim should identify the represented claimants, the incident and claim details, and clearly direct the insurer to communicate through counsel. It should also define the scope—here, bodily injury only, not property damage—to reduce confusion and avoid unintended settlement language. As a practical next step, send the representation letter promptly to the assigned adjuster and request written confirmation of the claim number and applicable coverages.

Talk to a Personal Injury Attorney

If you’re dealing with an auto injury claim and need to notify the insurance company that you have counsel—especially when a child is also a claimant and property damage is being handled separately—an attorney can help you set the right scope, protect your communications, and keep the claim moving on a clear timeline. Reach out today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.