How do I start an insurance claim against the other driver’s insurance after a car accident with injuries? – North Carolina

Short Answer

In North Carolina, a third-party injury claim against the other driver’s insurance usually starts by contacting the insurer (or having counsel contact the insurer) to open or locate the claim, confirm coverage, and obtain the claim number and assigned adjuster. The next step is sending a letter of representation and a basic claim package so the adjuster knows who may communicate for the injured person and what damages are being claimed. Even though an insurance claim is not a lawsuit, key deadlines can still run in the background, so early written notice and documentation matter.

Understanding the Problem

In North Carolina, after a motor-vehicle crash with injuries, the question is how to begin a claim with the at-fault driver’s liability insurer so the insurer will assign an adjuster, provide a claim number, and accept communications from the injured person’s attorney. The decision point is whether the insurer already has a claim on file from an earlier report (for example, the insured driver reported the crash) or whether the attorney needs to open a new claim. The goal is to confirm that a claim exists, identify the correct adjuster, and establish a clear channel for sending supporting documents and discussing the claim.

Apply the Law

North Carolina does not require a special court form to “start” a third-party bodily injury claim with the other driver’s insurer. A claim is typically initiated through notice to the insurer and follow-up communications that identify the parties, the crash, and the injuries, and that request the claim number and adjuster assignment. Practically, insurers usually require enough information to locate the policy and the loss report, then they open a file, assign an adjuster, and request documentation. If the insurer is not cooperative about confirming coverage, North Carolina law provides a limited mechanism for an insured to request certification of coverage to the North Carolina Division of Motor Vehicles, which can help confirm whether a policy was in force on the crash date.

Key Requirements

Identify the loss and the insured driver: Provide the crash date, location, involved vehicles, and the at-fault driver’s identifying information so the insurer can locate the correct policy and any existing claim file.
Establish representation and communication rules: Send a letter of representation (and any required authorizations) so the adjuster knows who may communicate for the injured person and where to send requests and correspondence.
Provide a basic injury-and-damages roadmap: Give a short description of injuries and treatment, and preserve/organize supporting records (medical bills/records, wage information, and proof of out-of-pocket losses) so the adjuster can evaluate the claim.

What the Statutes Say

N.C. Gen. Stat. § 20-319.1 (Certification of auto liability coverage to DMV upon insured’s request) – requires an insurer to certify to the NC DMV whether a policy was in force on a designated day when the insured requests it by registered letter.

Analysis

Apply the Rule to the Facts: The attorney’s first task is to identify the correct insurer file by providing the crash details and the insured driver’s information and asking whether a claim already exists. Next, the attorney can lock in the communication channel by sending a letter of representation and requesting the claim number and the assigned adjuster’s direct contact information. Finally, the attorney can begin substantiating damages by sending a focused set of supporting documents (for example, initial medical records/bills and proof of lost time), while preserving the ability to supplement as treatment continues.

Process & Timing

Who files: The injured person or the injured person’s attorney. Where: With the at-fault driver’s auto liability insurer (claims intake department or assigned adjuster). What: A claim-opening request (phone/online) followed by a written letter of representation that includes the crash identifiers and a request for the claim number and adjuster contact information. When: As soon as enough information exists to identify the insured driver and the crash.
Insurer response and claim setup: The insurer typically confirms whether a claim exists, assigns an adjuster, and requests information such as the crash report number, treatment providers, and proof of wage loss. If the insurer cannot locate the file, providing the insured’s policy number (if available) and the crash report details often resolves the issue.
Document exchange and evaluation: After representation is confirmed, the attorney sends supporting documents in stages (initial treatment and bills first, then updated records, wage documentation, and other loss proof). The adjuster may request recorded statements or broad authorizations; counsel typically evaluates those requests carefully and responds in a way that protects the client while still moving the claim forward.

Exceptions & Pitfalls

Coverage and identity problems: If the insurer disputes whether its insured was involved or whether coverage applied on the crash date, the claim may stall until coverage is confirmed. In some situations, coverage certification to the NC DMV may help confirm whether a policy was in force on the relevant date.
Incomplete claim identifiers: Claims get delayed when the notice lacks basics like the insured driver’s name, date of loss, vehicle information, or crash report details. A short, organized “claim-opening” email/letter often prevents repeated back-and-forth.
Overbroad information requests: Adjusters may ask for recorded statements or wide-ranging medical authorizations early. Those requests can affect the claim’s presentation, so counsel should decide what is appropriate and document what is provided.
Silence and documentation gaps: If communications are not confirmed in writing (claim number, adjuster name, mailing/email address), important documents can be misrouted. Written confirmation and a clean document log reduce this risk.

For more detail on what insurers typically need at intake, see what information the other driver’s insurance company needs to open or locate a claim and what information and documents an adjuster needs to open an injury claim. For what to expect once an adjuster is assigned, see what happens after the claim is opened.

Conclusion

To start a third-party injury claim in North Carolina, the injured person (or counsel) should promptly contact the at-fault driver’s insurer to open or locate the claim, then obtain the claim number and assigned adjuster. The next step is sending a letter of representation that clearly identifies the crash and requests written confirmation of the adjuster’s contact details and where to send supporting documents. The most important practical deadline is the lawsuit filing deadline that continues to run while the insurer investigates, so the next step is to put the claim in writing and calendar the limitations date.

Talk to a Wrongful Death Attorney

If a crash caused serious injuries and the other driver’s insurer is not clearly opening the claim or providing the claim number and adjuster information, our firm has experienced attorneys who can help explain options, organize the documentation, and track timelines. 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.