Quick summary: If an Ohio insurer tells you it never received your letter of representation, act promptly. Confirm the insurer’s contact information, re-send clear proof-of-representation by reliable channels, preserve evidence of all communications, and escalate to the insurer’s complaint unit or the Ohio Department of Insurance if needed. Keep an eye on filing deadlines—delays can affect your client’s legal rights.

Why this matters

Insurers must be able to identify who represents a claimant so they can communicate through counsel. If the insurer claims it never received a representation letter, that can delay claim handling, slow negotiations, or create disputes about whether the insurer had proper notice. You need a record that the insurer received notice to avoid prejudice to your client and to protect deadlines like Ohio’s statute of limitations for injury claims.

Step-by-step actions to take (practical and immediate)

1. Confirm contact information.

   Verify the insurer’s correct claims address, the adjuster’s name, the claims department email, and the insurer’s designated agent for service (if any). Insurers often update adjuster assignments—get the current contact details by calling the insurer’s main claims line and noting the person you spoke with.

2. Resend the notice of representation using multiple verifiable channels.

   Send the same signed notice of representation (attach the signed retainer or signed authorization if required) using at least two of the following: USPS Certified Mail with Return Receipt, overnight courier with tracking, email to the adjuster and the insurer’s general claims inbox (request delivery/read receipts), and fax with transmission confirmation. Keep every receipt, tracking number, and transmission report.

3. Use a clear, concise Notice of Representation form.

   Include: client name, claim number, date of loss, statement that the person is represented and that all insurer communications should go to counsel, counsel’s full contact information, signed retainer or authorization language as needed, and a request for written acknowledgment and a deadline for reply (e.g., 7–10 business days).

4. Document every call and contact.

   Whenever you speak with the adjuster or receptionist, record the date/time, the person’s name and job title, what was said, and any promised actions. Follow up phone calls with a short confirming email that summarizes the conversation and asks the recipient to correct inaccuracies.

5. Obtain written acknowledgment.

   Ask the insurer to confirm receipt in writing. If they decline, note that refusal and preserve other proof-of-delivery evidence. A written acknowledgment gives you stronger proof of the insurer’s actual notice.

6. Preserve all evidence and communications.

   Keep originals of the notice and retainer, certified-mail receipts, tracking info, email headers, fax transmission reports, and notes of phone calls. These documents prove the chain of notice if later contested.

7. Escalate inside the insurer and ask for supervisor review.

   If the adjuster persists that nothing was received, ask to speak with the adjuster’s manager or the insurer’s legal/claims supervisor and send them the same proof-of-representation package with tracking and a request for written confirmation.

8. File a complaint with the Ohio Department of Insurance if necessary.

   If the insurer’s conduct causes prejudice or suggests unfair claim practices, you may file a complaint with the Ohio Department of Insurance for investigation. The Department’s website has consumer and complaint resources: Ohio Department of Insurance.

9. Consider litigation steps to preserve rights.

   If the insurer’s failure to accept or acknowledge representation risks missing critical deadlines (for example, a statute of limitations), consider filing suit or seeking a court order to protect the client. In Ohio, many claims for bodily injury must be brought within a two‑year period; see Ohio Rev. Code § 2305.10 for limitations on actions: https://codes.ohio.gov/ohio-revised-code/section-2305.10. Confirm deadlines for your particular claim type before waiting.

If the insurer claims late receipt has prejudiced them

Sometimes an insurer argues it was prejudiced by late notice and may try to deny coverage or refuse to communicate with counsel. Ohio courts will look at the facts: whether the insurer had actual knowledge of the claim, whether the insurer suffered prejudice, and whether the delay was reasonable. Carefully preserve all evidence showing timely attempts to notify, and be prepared to prove the insurer had constructive or actual notice.

When to consider filing a motion with the court

If litigation is pending and the insurer disputes counsel’s notice, you may need to file a short motion or affidavit showing proof of delivery attempts. If the insurer’s conduct rises to bad faith or an unfair claims practice, document everything and discuss judicial remedies with counsel.

Useful Ohio resources

• Ohio Department of Insurance (consumer assistance and complaint info): https://insurance.ohio.gov/
• Ohio Revised Code — statute of limitations on many personal injury actions: Ohio Rev. Code § 2305.10
• Ohio Supreme Court rules and resources (courts and civil procedure): https://www.supremecourt.ohio.gov/

Bottom line: Re-send a clear, signed notice of representation immediately via verifiable methods; document every contact; request a written acknowledgment; escalate within the insurer if needed; preserve evidence; and protect deadlines by consulting about litigation options. If the insurer’s refusal to accept notice harms the claim, consider a complaint to the Ohio Department of Insurance or court action.

Helpful Hints

• Always use at least two delivery methods (e.g., certified mail + email). Redundancy increases your proof of notice.
• Keep originals and electronic copies of the signed retainer and any authorizations (medical record releases, etc.)—insurers sometimes say they don’t have these documents.
• When emailing, put the claim number and the words “Notice of Representation” in the subject line. Request an explicit written reply and set a short response deadline.
• Use certified mail with Return Receipt and keep the postal receipt and the signed green card or tracking confirmation.
• Fax only if you also keep the fax transmission confirmation showing date, time, and recipient number.
• If an insurer repeatedly denies receipt, immediately preserve metadata (email headers, server logs) and get a supervisor involved.
• Check the insurer’s adjuster assignment periodically—files are often reassigned, and you want the correct current contact.
• Don’t wait to act on deadlines. If a statute of limitations could expire, prepare to litigate to protect the client even while notice disputes continue.