Can I still pursue compensation for my injuries if the insurance claim was already filed by the other driver? – North Carolina

Short Answer

Yes. In North Carolina, an at-fault driver (or their insurer) opening a claim file does not take away the injured person’s right to pursue compensation for bodily injury. The key issues are whether liability is disputed, whether any release has been signed, and whether the claim is preserved before the statute of limitations runs. A letter of representation and supporting documents typically shifts communications to the injured person’s attorney and helps confirm the claim number and assigned adjuster.

Understanding the Problem

In North Carolina motor-vehicle injury cases, can an injured person still make a bodily-injury claim against the other driver’s insurance company when the other driver already reported the crash and the insurer already opened a claim file? What happens next often turns on whether the insurer has a claim number and adjuster assigned, whether the injured person is represented, and whether any settlement paperwork has already been signed.

Apply the Law

Under North Carolina law, a third-party auto liability claim belongs to the injured person (or, in a death case, the proper estate representative). The insurer opening a file after its insured reports a crash is an internal administrative step. It does not decide fault, does not waive the injured person’s rights, and does not prevent the injured person from presenting medical records, wage documentation, and other proof of damages through counsel. The practical legal “cutoffs” are (1) whether a binding release/settlement has already been executed and (2) whether the claim is filed in court before the applicable statute of limitations expires.

Key Requirements

• Independent right to assert the injury claim: The injured person can still present a claim even if the insurer’s file was opened by the insured’s first notice of loss.
• No signed release (or other binding settlement): A signed release can end the claim, even if the insurer later “reopens” the file for administrative reasons.
• Preserve the claim before the deadline: If the insurer does not resolve the claim, the injured person generally must file a lawsuit before the statute of limitations runs to keep the claim alive.

What the Statutes Say

• N.C. Gen. Stat. Chapter 1 (Civil Procedure) – North Carolina’s civil statutes include limitation periods and procedural rules that can control when an injury claim must be filed in court to avoid being time-barred.

Analysis

Apply the Rule to the Facts: Here, the insurer already has a claim file because its insured reported the collision. That does not eliminate the injured person’s right to pursue compensation; it usually means the insurer can provide a claim number and the assigned adjuster once it confirms the parties and representation. Sending a letter of representation and supporting documents is a standard step to confirm the correct file, direct communications through counsel, and begin evaluation of liability and damages.

Process & Timing

1. Who files: The injured person’s attorney (on behalf of the injured person). Where: With the at-fault driver’s liability insurer (claims department). What: A letter of representation requesting the claim number, adjuster contact information, applicable policy information disclosures (as allowed), and instructions for submitting records/bills. When: As soon as representation begins and well before any statute-of-limitations deadline.
2. Claim confirmation and investigation: The insurer confirms the claim number and adjuster, investigates liability, and requests documentation (medical records/bills, wage loss verification, and proof of other damages). Timeframes vary based on treatment length and how quickly records are produced.
3. Resolution or suit: If the insurer disputes liability, causation, or damages, or if negotiations stall, the next step is typically filing a civil action in the appropriate North Carolina trial court before the limitations period expires, then continuing settlement discussions during litigation.

Exceptions & Pitfalls

• Release language: Signing a release (sometimes presented as a “property damage” or “medical payment” document) can unintentionally waive bodily-injury claims if the wording is broad.
• Recorded statements and incomplete facts: Early statements given before medical treatment is complete can be used to dispute causation or the extent of injury later.
• Multiple potential payers and liens: Health insurers and certain benefit programs may assert reimbursement rights that affect net recovery and settlement structure; these issues should be identified early when sending documentation.

Conclusion

In North Carolina, an at-fault driver’s insurer opening a claim file after the crash does not prevent an injured person from pursuing compensation for injuries. The controlling issues are whether any release has already been signed and whether the claim is preserved before the statute of limitations runs. A practical next step is to send a letter of representation to the insurer requesting the claim number and assigned adjuster and then submit supporting records and bills through that claim file.

Talk to a Wrongful Death Attorney

If an insurer already opened a claim after a crash and there is a need to confirm the claim number, adjuster, and next steps to pursue compensation, our firm has experienced attorneys who can help explain options and 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.