Wrongful Death

How do I start a bodily injury claim with the other insurance company after a multi-vehicle crash? – North Carolina

Short Answer

In North Carolina, starting a third-party bodily injury claim usually means giving the at-fault party’s liability insurer clear written notice of the injury claim, identifying the crash, and providing basic documentation (the crash report, treatment providers, and a signed medical authorization if requested). In a multi-vehicle crash, more than one insurer may be involved, and the claim may also run alongside uninsured/underinsured motorist (UM/UIM) issues under the vehicle occupant’s own policy. If an adjuster requests an attorney representation letter to open a separate bodily-injury file, sending that letter promptly is often the cleanest way to get the correct claim opened and communications routed properly.

Understanding the Problem

In North Carolina after a multi-vehicle crash, can an injured passenger start a bodily injury claim with the other insurance company, and what steps are needed to get the correct claim file opened when multiple adjusters (including uninsured/underinsured adjusters) are involved? The practical issue is identifying which insurer is responsible for the bodily injury claim and what information must be provided so the insurer treats the matter as an injury claim (not just property damage or coverage investigation). The key trigger is the crash and the reported injuries, and the goal is to get the liability carrier to acknowledge the claim, assign an adjuster, and begin evaluating medical records and damages.

Apply the Law

North Carolina generally allows an injured person to pursue a negligence-based bodily injury claim against the at-fault party, and that claim is commonly handled first through the at-fault party’s liability insurer. In parallel, a passenger may also have a UM/UIM claim through the policy covering the vehicle they occupied (or other applicable policies), and those UM/UIM rules can impose specific notice and timing steps if a lawsuit becomes necessary. A separate but important point in North Carolina is that settling property damage does not automatically release bodily injury claims unless the written settlement terms clearly say it does.

Key Requirements

  • Identify the correct insurer and insured: In a chain-reaction or multi-vehicle crash, more than one driver (and more than one policy) may be involved. The bodily injury claim must be opened under the correct liability policy (and, if applicable, a separate UM/UIM file under the injured person’s own coverage).
  • Give clear written notice of the injury claim: The insurer needs enough information to connect the claim to the crash (date/location/vehicles/claimant identity) and to understand that the claim involves bodily injury with medical treatment.
  • Support the claim with basic documentation: Insurers typically request the crash report, treatment provider list, dates of treatment, and authorizations to obtain medical records and bills. A representation letter (if an attorney is involved) often becomes the insurer’s trigger to open a separate bodily injury claim file and communicate through counsel.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a passenger with neck and back pain, same-day emergency care, and follow-up chiropractic treatment after a multi-vehicle crash. Those facts are typically enough to justify opening a bodily injury claim file with the appropriate liability insurer(s) and to begin collecting medical records and bills. The adjuster’s request for an attorney representation letter fits a common situation in multi-claim accidents: the insurer may already have a file for other issues (including uninsured/underinsured handling) and needs a separate bodily injury claim file tied specifically to the passenger’s injuries and communications through counsel.

Process & Timing

  1. Who files: The injured passenger (or the passenger’s attorney). Where: With the at-fault party’s liability insurance company claims department (and, if applicable, with the UM/UIM carrier for the vehicle the passenger occupied). What: A written notice/claim opening request and, if represented, an attorney representation letter identifying the claimant, the crash, and the claim type (bodily injury). When: As soon as practical after treatment begins, and well before the three-year lawsuit deadline that applies to many personal injury claims in North Carolina.
  2. Claim setup and information exchange: The insurer assigns a claim number and adjuster, then requests a crash report, medical provider list, medical authorizations, wage information (if any), and a description of symptoms and limitations. In a multi-vehicle crash, the insurer may also request statements and may coordinate with other carriers.
  3. Demand and negotiation: After treatment stabilizes or reaches a clear point, the claim is typically presented with a demand package summarizing injuries, treatment, and supporting records/bills. The insurer evaluates liability and damages and negotiates settlement; if settlement does not occur, the next step is filing a civil lawsuit in the appropriate North Carolina trial court before the limitations period expires.

Exceptions & Pitfalls

  • Multiple insurers and “wrong file” problems: In multi-vehicle crashes, an insurer may have separate files for liability, UM/UIM, and other claimants. If the adjuster asks for a representation letter to open a separate bodily injury claim, delaying that step can delay assignment, record collection, and evaluation.
  • Releases that are broader than intended: A property damage settlement should be reviewed carefully. North Carolina law generally prevents a property-damage-only settlement from automatically releasing bodily injury claims unless the written agreement says so, but release language still matters.
  • UM/UIM notice and lawsuit timing rules: If the claim involves uninsured motorist issues, North Carolina’s UM statute includes specific notice and timing provisions that can affect a later lawsuit. The safest approach is to give prompt written notice to all potentially involved carriers and track deadlines closely.

Conclusion

To start a bodily injury claim after a multi-vehicle crash in North Carolina, the key step is clear written notice to the correct liability insurer (and any UM/UIM carrier) identifying the crash and the injury claim, followed by providing the basic records the adjuster needs to open and evaluate the file. Many injury lawsuits must be filed within three years, so the claim should be opened and documented early. The most practical next step is to send a representation letter (if counsel is involved) to the adjuster and request the bodily injury claim number and assigned adjuster in writing.

Talk to a Wrongful Death Attorney

If a multi-vehicle crash led to injuries and the insurance company is asking for a representation letter or is splitting the matter between different adjusters, our firm has experienced attorneys who can help clarify which claims should be opened, what documents to provide, and what timelines to track. Call us today at (919) 341-7055.

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.