Can I talk to the other driver’s insurance about car repairs if I’m hiring a lawyer, and what topics should I avoid discussing about injuries or treatment?

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Can I talk to the other driver’s insurance about car repairs if I’m hiring a lawyer, and what topics should I avoid discussing about injuries or treatment? - North Carolina

Short Answer

Yes. In North Carolina, you may speak with the other driver’s insurer about property damage items like repairs, towing, and rental, even if you plan to hire a lawyer. Keep those conversations limited to vehicle logistics. Do not discuss fault, your injuries, your medical care, prior conditions, or give a recorded statement about the crash or your treatment—have your lawyer handle all injury-related communications.

Understanding the Problem

You want to know whether you can coordinate car repairs with the other driver’s insurance while you hire a North Carolina personal injury lawyer—and what injury topics to avoid. In North Carolina, you (the injured driver) are deciding if you can speak to the liability insurer about property damage while directing all injury and treatment questions through your attorney. In your situation, you were turning when the other driver hit your rear, causing vehicle damage and medical treatment.

Apply the Law

North Carolina law does not prohibit you from discussing property damage with the other driver’s insurer. Practically, insurers separate claims into two tracks: property damage (PD) and bodily injury (BI). You may handle PD logistics (repairs, storage, rental, total loss paperwork), but it’s wise to route BI issues to your lawyer because North Carolina’s contributory negligence rule allows an insurer to deny recovery if you are found even slightly at fault. Anything you say about how the crash happened or your injuries can be used to challenge fault or causation. The main forum is the claims process with the liability insurer; if no settlement is reached, a lawsuit may be filed in court before the applicable deadline.

Key Requirements

  • Limit topics to property damage: Discuss only repairs, towing, storage, rental, appraisals, and vehicle title or lien details.
  • Do not discuss injuries or treatment: Avoid symptoms, diagnoses, providers, work limitations, and prior conditions.
  • No recorded statements to the other driver’s insurer: Decline any recorded interview; have your lawyer manage BI communications.
  • Do not sign medical or broad releases: Do not authorize full medical access or sign a settlement release without legal review.
  • Keep communications factual and brief: Share claim numbers, car location, and scheduling; avoid opinions about fault.
  • Watch deadlines: North Carolina generally allows three years to file suit for injury or property damage; confirm your exact deadline with counsel.

What the Statutes Say

  • North Carolina law sets lawsuit deadlines for injury and property damage claims. Most have a three-year limit from the crash date, but specific statutes can vary by claim type and circumstances.

Analysis

Apply the Rule to the Facts: Because your rear-end crash caused both vehicle damage and medical treatment, it’s appropriate to talk with the other insurer’s property damage adjuster to arrange an appraisal, repairs or total-loss handling, and rental. Avoid all discussions about how your body feels, your doctors, or time missed from work. Have your lawyer handle those BI topics and any request for recorded statements or medical authorizations to prevent statements that could be used against you under North Carolina’s contributory negligence standard.

Process & Timing

  1. Who files: You or your attorney. Where: The other driver’s insurer (claims department). What: Open a claim and provide basic PD details (claim number, vehicle location, photos). When: As soon as practical after the crash and after you retain counsel, ask the insurer to route BI communications to your lawyer.
  2. The insurer assigns a PD adjuster to inspect the car, issue an estimate, and arrange repairs or total-loss processing and rental. Timelines vary by insurer and shop availability.
  3. BI communications (injuries, treatment, wage loss) go through your lawyer. If settlement does not occur, a lawsuit must be filed before the applicable North Carolina deadline to preserve your rights.

Exceptions & Pitfalls

  • If fault is disputed, anything you say about the crash mechanics can be used to argue contributory negligence—keep PD calls to logistics only.
  • Do not give a recorded statement or sign a blanket medical authorization for the other driver’s insurer.
  • Make sure any property damage release is limited to the vehicle claim and does not waive your bodily injury claim.
  • Storage fees can add up quickly—coordinate promptly to move the car to a shop or storage the insurer approves.
  • If you have collision coverage, consider using your own insurer for faster repairs; subrogation can happen later.

Conclusion

In North Carolina, you may speak to the other driver’s insurer about property damage logistics while hiring a lawyer, but avoid all discussions about fault, injuries, and treatment. Keep PD conversations to repairs, towing, storage, and rental, and decline recorded statements. Next step: ask your lawyer to send a representation letter to the insurer so all injury communications go through counsel and your lawsuit deadline is protected.

Talk to a Personal Injury Attorney

If you’re juggling car repairs and medical treatment after a crash, our firm has experienced attorneys who can help you control the conversation, avoid missteps, 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.

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