Short Answer

In North Carolina, you do not have to talk to the at-fault driver’s insurance company or give a recorded statement. After you hire a lawyer, end direct contact by telling the adjuster to speak only with your attorney and by refusing statements or new medical releases. If they call, say: “I’m represented by an attorney. Please contact my lawyer. I won’t discuss the claim.” Duties to your own insurer can be different under your policy.

Understanding the Problem

You’re asking whether you can stop the other driver’s insurer from discussing your injuries with you after you hire a lawyer, and exactly what to say if they still call. This is a North Carolina personal injury claim issue focused on communications with the at-fault insurer. You already opened a claim and have a claim number. The goal is to shift communications to your attorney and avoid statements that can be used against you.

Apply the Law

Under North Carolina law, an injured person has no legal duty to give the at-fault driver’s insurer a recorded statement or to sign blanket medical releases. Once you retain counsel, you (or your attorney) can instruct the insurer in writing to direct all communications to your lawyer. Claims are handled out of court; if settlement fails, a lawsuit is filed in North Carolina civil court (District or Superior Court, depending on the amount). Separate from claims handling, the three-year statute of limitations for most personal injury cases still applies.

Key Requirements

• No duty to speak to the adverse insurer: You can decline calls, recorded statements, and new authorizations requested by the other driver’s insurer.
• Representation notice: After you hire a lawyer, give the adjuster a written notice (a “letter of representation”) instructing all contact to go through your attorney.
• Medical privacy control: Do not sign broad medical releases for the adverse insurer; revoke any overly broad release you already signed.
• Consistent, minimal statements: If contacted, state you are represented and end the call without discussing facts, injuries, or treatment.
• Mind your own policy duties: Your cooperation duties to your own insurer (e.g., MedPay, UM/UIM) are different; follow your attorney’s guidance on those.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15 (Unfair claim settlement practices) - Bars insurers from certain unfair practices when handling claims.
• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Generally sets a three-year deadline for personal injury lawsuits.

Analysis

Apply the Rule to the Facts: You were rear-ended, reported the claim, and received a claim number. You’re not required to give the other insurer a recorded statement or discuss your injuries. After hiring counsel, have your attorney send a representation letter; then, if the adjuster calls, say: “I’m represented by an attorney. Please contact my lawyer. I won’t be giving a statement,” and hang up. Do not sign new medical releases for the at-fault insurer.

Process & Timing

1. Who files: Your attorney. Where: Directly to the insurance adjuster handling the claim. What: A written letter of representation and notice to cease direct contact; revoke any broad medical authorizations. When: Immediately after you retain counsel.
2. The adjuster updates the file to route all communications through your lawyer; calls to you should stop within a few business days, though timing can vary by insurer.
3. If settlement later fails, your attorney may file a complaint and civil summons with the Clerk of Superior Court in the county where the crash occurred or where the defendant resides; the court (District or Superior) depends on the amount in dispute.

Exceptions & Pitfalls

• Your own insurer is different: You may have cooperation duties to your own carrier (e.g., MedPay, UM/UIM). Do not ignore your own insurer; follow your attorney’s guidance.
• Recorded statement risks: Inconsistent or speculative statements can undercut your injury claim. Keep it simple: identify counsel and end the call.
• Overbroad releases: Do not sign blanket medical authorizations for the adverse insurer. Limit records to relevant treatment and timeframes through your lawyer.
• Deadline trap: Ongoing talks with an adjuster won’t pause the three-year filing deadline. Track the date and plan ahead.
• Persistent contact: If calls continue after notice, keep a call log and tell your lawyer; they can re-send the notice and escalate as needed.

Talk to a Personal Injury Attorney

If you’re dealing with unwanted calls from the other driver’s insurer after a crash, our firm has experienced attorneys who can help you control communications and protect your claim. Reach out 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.