Understanding the Problem

If you were in a North Carolina car crash and the other driver’s insurance company contacts you, the practical question is: can you safely talk to them without hurting your potential injury claim? This often comes up when an adjuster calls soon after the wreck and asks for “your side of the story,” a recorded statement, or paperwork, even when you are still figuring out how you feel physically.

Apply the Law

North Carolina generally allows an injured person to pursue a negligence claim against the at-fault driver, but insurance companies investigate claims with the goal of paying what they believe they owe under the policy. What you say to an adjuster can matter because North Carolina follows a strict contributory negligence rule in most negligence cases—meaning if the insurer can pin even a small share of fault on you, it can become a major barrier to recovery. Also, signing a release or “full and final” settlement paperwork can end your claim, even if you later learn your injuries are more serious than you first thought. Finally, most personal injury claims have a filing deadline, so you should not let back-and-forth calls delay you until time runs out.

Key Requirements

• Protect yourself from contributory negligence arguments: Do not speculate, guess speeds/distances, or agree with leading statements like “you didn’t see them” or “you were probably going a little fast.” In North Carolina, those statements can be used to argue you share fault.
• Do not give a recorded statement just because they ask: You can request that questions be put in writing or tell the adjuster you will respond after you have had time to review the facts.
• Do not sign broad medical authorizations: Adjusters may ask for blanket access to records. If medical records are needed, they should usually be limited to treatment related to the crash and handled carefully.
• Be cautious with early settlement offers: A quick payment may come with a release that ends your injury claim. North Carolina law recognizes that a property-damage settlement does not automatically release injury claims unless the written agreement clearly says it does.
• Watch the lawsuit deadline: Many North Carolina injury claims must be filed within three years. Even if you are still negotiating, missing the deadline can end the case.
• Keep communications organized: Write down who called, the date/time, what was requested, and what you said. This helps avoid misunderstandings later.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury claims.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlements and other claims) - Explains that settling property damage from a motor vehicle crash is not, by itself, a release of bodily injury claims unless the written settlement agreement clearly says it is a full settlement of all claims.
• N.C. Gen. Stat. § 20-166.1 (Accident reports and investigations) - Requires notice to law enforcement for reportable crashes and addresses crash reports and how they are handled.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.

Analysis

Apply the Rule to the Facts: Here, a prospective client was reportedly involved in a North Carolina car accident and then received outreach suggesting a possible injury claim. If the other driver’s insurer calls, the safest approach is to avoid giving detailed, on-the-spot explanations about how the crash happened or how you feel physically, because those details can be used to argue you were partly at fault (a major issue under North Carolina’s contributory negligence rule) or that you were not injured. Instead, keep it factual and limited, and do not sign releases or authorizations until you understand what they cover.

Process & Timing

1. Who responds: You (or your attorney, if you hire one). Where: By phone/email with the insurance adjuster handling the claim in North Carolina. What: Provide basic identification and contact information; request the claim number; ask what they are requesting (recorded statement, documents, authorizations, photos). When: As soon as practical, but you can take time to gather information before discussing details.
2. Next step: Collect and review key documents (crash report number, photos, medical visit summaries, repair estimates). If the adjuster wants a recorded statement or a release, ask for it in writing and do not agree on the call. Timeframes vary by county and insurer, but adjusters often push for early statements and early settlement discussions.
3. Final step: If you pursue an injury claim, negotiations may continue for weeks or months depending on treatment and documentation. If the claim does not resolve, you preserve your rights by filing a lawsuit in the proper North Carolina court before the statute of limitations expires.

Exceptions & Pitfalls

• “Just tell me what happened” can turn into fault admissions: Seemingly harmless statements (like “I didn’t see them” or “I was in a hurry”) can be framed as contributory negligence.
• Recorded statements lock you in: If you later remember details differently or learn new facts, the insurer may use the recording to challenge your credibility.
• Signing the wrong paperwork: A release can end your injury claim. Even if you are only trying to resolve vehicle damage, read the agreement carefully to confirm it is not a full settlement of all claims.
• Overbroad medical authorizations: Blanket authorizations can invite disputes about unrelated medical history. If records are exchanged, they should usually be limited to crash-related treatment and time periods.
• Delay while “waiting to see”: Waiting too long to get advice, gather records, or file suit can put you at risk of missing the three-year deadline.

If you want more background on this topic, you may also find these resources helpful: talking to an adjuster after a North Carolina car accident and risks of recorded statements.

Conclusion

If the other driver’s insurance company contacts you after a North Carolina crash, you can respond, but you should keep it brief and avoid recorded statements, broad medical authorizations, and quick releases until you understand how they affect your injury claim. Because North Carolina’s contributory negligence rules can make small statements matter, be careful about discussing fault. The most important next step is to calendar the three-year deadline and, if you may pursue an injury claim, get legal advice before you provide detailed information or sign anything.

Talk to a Personal Injury Attorney

If you're dealing with calls from the other driver’s insurance company after a crash and you are worried about saying the wrong thing or signing the wrong paperwork, a personal injury attorney can help you understand your options and timelines and can communicate with the insurer on your behalf. Reach out today.

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.