Short Answer

In North Carolina, you should promptly re-send your letter of representation using a delivery method that gives you verifiable proof of receipt and then document follow‑up. Use certified mail with return receipt or a designated delivery service with signature confirmation, and also email/fax if available. Confirm receipt by phone or email and keep a log. Watch the statute of limitations; if the deadline is near, file suit to protect your claim.

Understanding the Problem

You have a North Carolina personal injury claim and the insurance company says it never received your letter of representation. You want to know what you must do now to confirm representation, keep the claim moving, and protect your rights. The key decision is how to re‑send notice and create proof the insurer received it, while tracking deadlines.

Apply the Law

Under North Carolina law, a pre‑suit letter of representation is not formal “service of process,” but using court‑recognized delivery methods helps you prove the insurer actually received your notice. Certified mail, USPS signature confirmation, or a designated delivery service with a delivery receipt provide solid proof. Keep a written record (a simple certificate/log of mailing) of what you sent, when, how, and to whom, and follow up in writing. Most personal injury claims have a three‑year statute of limitations from the injury date; do not let disputes over receipt cause you to miss that deadline.

Key Requirements

• Correct recipient and identifiers: Address the claim to the right insurer address, include the claim number (or policyholder, date of loss, and your client’s info) to route it correctly.
• Provable delivery: Re‑send by certified mail return receipt, USPS signature confirmation, or a designated delivery service that provides a delivery receipt; keep the receipt.
• Document service: Keep a copy of the letter and a signed certificate/log noting date, method, tracking number, and address used.
• Confirm and memorialize: Call the insurer to confirm receipt; then email a short recap to document the acknowledgment and next steps.
• Monitor deadlines: Calendar the statute of limitations; if time is short, seek a written tolling agreement or file suit to preserve the claim.
• Escalate if needed: If the carrier remains unresponsive, ask for a supervisor and consider a complaint with the N.C. Department of Insurance.

What the Statutes Say

• N.C. R. Civ. P. Rule 4 (Service of process) — Lists delivery methods that generate reliable proof of receipt; mirroring these methods pre‑suit helps you prove the insurer got your letter.
• N.C. Gen. Stat. § 1‑52 (Three‑year limitations) — Most negligence‑based personal injury claims must be filed within three years of the injury.
• N.C. Gen. Stat. § 58‑63‑15(11) (Unfair claim settlement practices) — Sets standards for fair claim handling, including reasonable promptness in communications.

Analysis

Apply the Rule to the Facts: Because the insurer denies receiving your letter, treat it as not delivered and create verifiable proof now. Re‑send by certified mail with return receipt (or a designated delivery service with signature), keep the tracking and any delivery image, and follow up by email/fax. Confirm receipt by phone and memorialize the call in an email. Keep the three‑year limitations period on your calendar and file suit if needed to avoid missing it.

Process & Timing

1. Who files: You or your attorney. Where: The insurer’s claims address or portal for your claim. What: A renewed letter of representation (include claim number, policyholder, date of loss, your contact info). When: Immediately; send by certified mail/return receipt or delivery service with signature and also by email/fax if available.
2. Within 5–10 business days, call to confirm receipt, ask for the adjuster’s name and claim number, and request written acknowledgment; save call notes and any email confirmation.
3. If the insurer remains unresponsive and time is passing, escalate to a supervisor and consider a Department of Insurance complaint. If the statute of limitations is approaching, file a complaint in the appropriate North Carolina court to preserve your claim.

Exceptions & Pitfalls

• Do not rely on regular mail alone; it is hard to prove delivery if the insurer denies receipt.
• Email can help, but request written acknowledgment; keep server receipts and attachments.
• Coverage differences (liability vs. UM/UIM) may require notifying different entities; verify the correct recipient and claim number.
• Never assume a tolling agreement exists without a signed writing; otherwise, file suit before the deadline.

Talk to a Personal Injury Attorney

If you’re dealing with an insurer denying receipt of your representation letter, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

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.