You were injured in a car accident and your attorney is preparing a demand letter to send to the at-fault driver’s insurance company. You do not want to speak with the insurance adjuster at all.
Should you tell the insurance company that you have an attorney?
Your lawyer will usually do this for you in an attorney representation letter. This is a legal letter your attorney sends to interested parties informing them that he/she represents you in a legal matter.
An attorney letter of representation usually contains the following:
- your attorney’s name and contact information (or the name of the law office/law firm representing you),
- the reason for legal representation (for example, personal injury, malpractice, divorce),
- a brief summary of the facts of your case,
- the extent of your injuries (in an accident case), and
- an inquiry into insurance policy limits (if an accident or personal injury case).
1. Why send a legal representation letter?
The purpose of an attorney representation letter is to let interested parties know that you are represented by legal counsel.
Depending on the facts of your case, “interested parties” may include:
- an insurance company,
- the opposing party or opposing counsel,
- a business, and/or
- a government agency.
The letter informs these parties that they should route all communications through your attorney or law firm.
In a personal injury case or accident case, the letter may also serve as an initial step in negotiating a settlement.
Note as well that a representation letter provides a brief summary of the facts in a case. A firm receiving the letter can use these facts to see if there is any conflict of interest in taking on the matter.
2. When does your attorney send one?
While the timing of a letter can vary, your lawyer will typically send the letter:
- prior to sending a demand letter to an insurer (if an accident or injury case),
- after you decide to file a lawsuit against an adverse party, or
- once you hire the lawyer after you receive notice of a legal claim filed against you.1
Note that your attorney will usually send the letter return receipt so that he/she has proof that the letter was delivered.
3. Is a representation letter the same thing as an engagement letter?
No. An engagement letter is a separate and distinct letter from an attorney representation letter.
An engagement letter is usually a letter that your law firm or attorney will send to you after it decides to represent you.
The letter outlines the terms and conditions of your firm’s representation (including details as to compensation and scope of legal services).
The letter helps solidify the attorney-client relationship.
4. What is a sample attorney representation letter?
The following is an example of a legal representation letter.
December 1, 2022
Mr. John Jones
ABC Insurance Company
100 First Ave.
Baltimore, MD. 55555Re: Car Accident Caused by Your Insured (Date of Accident: November 20, 2022)
Dear Mr. Jones,
Our firm represents John Doe for the injuries he sustained following a motor vehicle accident with your insured, Lisa May. The accident took place on November 20, 2022, after Ms. May failed to stop at a red light. Our firm has surveillance video of the incident so I do not believe there will be a dispute as to who was responsible for the accident.
Mr. Doe suffered a lower back injury due to the accident and is still receiving medical care for his injuries. I will forward his medical bills and medical records to your office once he has completed all of his treatment.
Please inform me of your insured’s policy limits and the specific type of insurance coverage that she has in place. You can direct all communication to our law office.
Sincerely,
Lawyer Mike
Legal References:
- Note that if you’re thinking about hiring an attorney, please see “Ten Tips To Think About When Hiring A Lawyer,” Forbes (2020).
