Short Answer

In North Carolina, send a written letter of representation and a formal request for the complete policy and declarations page to the insurer right away. Ask for all vehicle-based coverages (liability, uninsured/underinsured motorist, medical payments) and any person-based accidental protection benefits under the family plan. While you wait, gather itemized medical bills and records to support medical-pay or accident benefits, and calendar the underinsured motorist consent-to-settle timing if a third-party claim is involved.

Understanding the Problem

You are handling a North Carolina auto-injury claim under a family accidental protection plan, but you have not received the insurer’s introductory packet. You need the policy documents to confirm what is covered and how to submit the client’s outstanding medical bills, and you must send a letter of representation to move the claim forward.

Apply the Law

North Carolina auto claims can involve multiple coverages. Vehicle-based coverages typically include liability, uninsured/underinsured motorist (UM/UIM), and medical payments (med pay). Many plans also include person-based accident benefits. You should promptly put the insurer on notice, request the full policy (including endorsements and the declarations page), and preserve UM/UIM rights before any settlement with a at-fault driver. Medical providers may assert statutory liens on injury recoveries, which affects how settlement funds are disbursed. Most claim activity occurs with the insurer’s claims department; if a UIM settlement is contemplated, a 30-day consent-to-settle process applies.

Key Requirements

• Notice and documents: Send a letter of representation and demand the full policy and declarations page for all vehicles and all insured persons on the family plan.
• Identify all coverages: Confirm med pay and any person-based accident benefits in addition to liability and UM/UIM; request claim forms and proof-of-loss requirements.
• Preserve UM/UIM rights: Before settling with a liable driver, give written notice and follow the consent-to-settle steps so UIM benefits are not jeopardized.
• Submit medical proof: Provide itemized bills, records, and required authorizations to support med pay or accident benefits.
• Handle liens and disbursement: Plan for North Carolina medical provider liens and statutory limits when distributing any injury recovery.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability; UM/UIM) - Includes UM/UIM coverage and the consent-to-settle/subrogation procedure.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Creates liens for medical services on personal-injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Lien limits; attorney fee priority) - Caps and prioritizes medical liens from injury proceeds.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists practices insurers must avoid during claim handling.

Analysis

Apply the Rule to the Facts: Because you have not received the packet, immediately send a letter of representation and a written demand for the entire policy and declarations page for the family plan and each vehicle. Given the separate vehicle- and person-based benefits, request claim forms and proof requirements for med pay and any accident benefit. With outstanding medical bills, collect itemized statements and records now to support med pay or accident coverage. If a third-party settlement is possible, calendar the UIM consent-to-settle notice period before resolving the liability claim.

Process & Timing

1. Who files: Your firm. Where: The insurer’s claims department (North Carolina claim). What: Letter of representation plus a written request for the full policy, declarations page, and all applicable claim forms (med pay, accident benefits, UM/UIM). When: Immediately upon engagement and before any settlement discussions.
2. After the insurer assigns a claim number, submit itemized medical bills, records, and required authorizations for med pay/accident benefits; request written coverage confirmations. Timeframes vary by insurer; follow up in writing if responses lag.
3. If a liability settlement is contemplated, give the UIM carrier written notice and follow the consent-to-settle process; after coverage decisions, handle liens at disbursement and issue payments consistent with statutory limits and policy terms.

Exceptions & Pitfalls

• Do not settle with the at-fault driver without first complying with UM/UIM consent-to-settle requirements; you can unintentionally forfeit UIM benefits.
• Do not assume stacking of benefits; stacking and offsets depend on policy language. Get the full policy and endorsements.
• Watch medical provider liens; North Carolina caps and prioritizes them. Plan disbursements accordingly to avoid disputes at closing.
• If the client is a minor or legally incompetent, court approval may be required before disbursing settlement funds; plan the approval process early.
• If the insurer drags its feet on basic documents or claim handling, follow up in writing and consider appropriate escalation consistent with North Carolina unfair claim settlement practice rules.

Talk to a Personal Injury Attorney

If you’re missing the insurer’s coverage packet and need to identify all available auto and accident benefits, our firm can help you understand your options, protect UM/UIM rights, and manage liens. Call us 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.