Detailed Answer — What to do if an insurer claims it never received your letter of representation (New Jersey)
When an insurance company says it never got your letter of representation, act quickly and methodically. Mistaken claims of non‑receipt happen, but missed claims or missed deadlines can cost your client important rights. Below is a clear, step‑by‑step plan consistent with New Jersey practice to protect the client and preserve legal remedies.
1) Stop and gather your proof of delivery
Locate every record related to the mailing or transmission of the letter of representation: certified‑mail return receipt (PS Form 3811), USPS tracking details, courier/overnight tracking number and signature record, fax transmission report with header showing recipient number and a successful transmission confirmation, portal upload confirmation, and any sent email with read‑receipt or delivery status. Also pull the original signed letter of representation, the retainer agreement, and any authorization signed by the client. Keep copies in one folder and make backup digital copies.
2) Confirm claim information and the correct recipient
Double‑check the insurer’s name, claim number, adjuster name, mailing address, physical claims address, email for claim submissions, and any special instructions. Errors in the file (wrong claim number, wrong adjuster, wrong unit) are a common source of “never received.” If the carrier uses a claims portal, verify you uploaded the letter to the correct claim record and save any portal confirmation.
3) Re‑send the letter using multiple, documented methods
Resend immediately by at least two different, verifiable delivery methods:
- Send by certified mail, return receipt requested (keep the receipt and returned green card or image).
- Send overnight courier with signature required (save tracking and signed delivery record).
- Email to the insurer’s claims email and to the adjuster; request a delivery/read receipt and attach the letter as PDF.
- Fax (if the carrier still accepts faxes) and save the transmission confirmation showing date, time, and pages sent.
- Upload to the insurer’s claim portal and save screenshots or confirmation numbers.
In the cover message, state the document is a notice of representation and list the client’s name, claim number, and pertinent dates. Request written confirmation of receipt within a short time (for example, 3 business days).
4) Send a short written follow‑up demanding an acknowledgment
If the insurer again claims non‑receipt, send a short letter or email that summarizes the proof of prior delivery you have (attach copies of receipts and tracking). Ask the insurer to confirm, in writing, that it now has the letter of representation and that it will treat the attorney as the client’s authorized representative for all communications. Keep a copy of the insurer’s reply.
5) Protect deadlines: seek tolling or extension if needed
If any deadlines (statute of limitations, policy notice requirements, or other time limits) are approaching, do not rely on their “receipt” statement. Consider these immediate steps:
- Send a short “protective” notice directly from the client (if you can coordinate) to the insurer to preserve the claim while you resolve the delivery dispute.
- Ask the insurer, in writing, to agree to tolling (an extension) of any time periods while you resolve the delivery issue. Get any agreement in writing.
- If the carrier refuses and a critical deadline is imminent, prepare to file a complaint or suit to preserve the client’s rights, and mention the delivery dispute in any filing to explain the delay.
6) Use administrative remedies if the insurer refuses to cooperate
If the carrier continues to deny receipt and refuses to treat you as counsel, consider filing a consumer complaint with the New Jersey Department of Banking and Insurance (DOBI). DOBI handles insurer conduct and can demand investigation of claim handling practices. Visit the DOBI main site: https://www.state.nj.us/dobi/
7) Preserve evidence and prepare for escalation
Keep contemporaneous notes of phone calls (date, time, person spoken to, content), copies of all correspondence, and all proof of mailing or transmission. If the insurer’s denial causes irreparable harm (for example, missed deadlines or prejudicial claim handling), consider bringing a court action to protect the client. New Jersey civil claims often have strict limitation periods; for personal injury, for example, the basic statute of limitations is set by state law—see N.J.S.A. 2A:14-2 for personal actions—so act promptly: N.J.S.A. 2A:14-2.
8) Consider negotiating a protocol with the insurer for future notices
If the insurer misroutes mail or loses items internally, propose a short communications protocol: designate a claims contact, require email confirmation on receipt of counsel letters, and agree on methods to transmit sensitive documents. Put any protocol in writing. That reduces future disputes.
Practical hypothetical example
Hypothetical: You represent a client injured in a car crash. You mailed a letter of representation by certified mail to the adjuster and uploaded a copy to the insurer’s portal. The insurer later says it never received your letter. You locate the certified mail return receipt and the portal confirmation screenshot showing upload time and ID. You resend the letter by overnight courier, email the adjuster and the insurer’s general claims address, and ask for written acknowledgment within three business days. You also ask DOBI for guidance and suggest tolling of any deadlines until receipt is confirmed. Because you have printed proof of earlier delivery attempts, you can show the insurer the timeline and demand it treat you as counsel without prejudice to your client’s rights.
When to involve a lawyer or consider litigation
If the insurer refuses to acknowledge representation, takes adverse action against your client because it claims it never got notice, or refuses to pay a timely claim, consider filing suit or an administrative complaint. If the dispute threatens the client’s legal deadlines, raise it immediately in court filings or ask the court for relief. Courts will look at whether the insurer was prejudiced and whether the policyholder or counsel acted in good faith.
Key New Jersey resource: New Jersey Department of Banking & Insurance — main site: https://www.state.nj.us/dobi/
Important legal note: For many claims, timely preservation of rights is essential. For personal injury claims, see N.J.S.A. 2A:14‑2 for the state limitations period: https://www.njleg.state.nj.us/EnactedLaw/Statutes/Title2A/2A14/2A14-2.htm.
Disclaimer: This information is educational and is not legal advice. Consult a licensed New Jersey attorney about your specific situation.
Helpful Hints
- Always send a letter of representation by at least two verifiable methods (e.g., certified mail + email + portal upload).
- Keep a single chronological file with copies of all transmissions, receipts, screenshots, and notes of phone calls.
- Use cover letters that clearly list the client name, claim number, date of loss, and that the enclosure is a written Notice of Representation.
- Request written acknowledgment of receipt from the insurer and set a short deadline for that acknowledgment.
- If a deadline is approaching, ask the insurer to agree in writing to toll any timelines while you confirm receipt.
- If the insurer persists in denying receipt and the dispute affects the client’s rights, file a DOBI complaint and consider court action to protect the client.
- When possible, use delivery options that require a signature at the insurer’s physical claims office, not just general corporate mailrooms.
- Train staff to scan and upload all outgoing correspondence and to log date/time/method of every transmission.