Short Answer

Yes. In North Carolina, you can and should follow up with your lawyer for updates and scheduling. Your lawyer should keep you reasonably informed and respond to reasonable requests. You are generally not required to give a recorded or written statement to the other driver’s insurer, but you may need to cooperate with your own insurer under your policy. Keep the statute of limitations in mind—interviews do not extend it.

Understanding the Problem

You’re asking whether you can check in with your North Carolina personal injury attorney when the insurer has asked for a written statement but your attorney hasn’t scheduled it or updated you. This comes up in claims while an insurer investigates liability and treatment progress. You want to know whether to push for action, whether a statement is required, and how timing affects your claim.

Apply the Law

North Carolina personal injury claims often start with an insurance claim before any lawsuit. Your attorney manages communications with insurers and decides whether and when to allow a recorded or written statement. For third-party claims (the at-fault driver’s insurer), a statement is usually optional and strategic. For first-party claims (your own insurer—MedPay, UM, or UIM), your policy often requires cooperation, which can include a statement. The real legal deadline is the statute of limitations to file suit in court, typically three years from the accident.

Key Requirements

• Reasonable communication: Your lawyer should keep you reasonably informed and respond to reasonable requests for updates.
• Third-party statements are optional: You generally do not have to give a recorded/written statement to the other driver’s insurer.
• First-party cooperation: If your own insurer requests a statement under your policy, you typically must cooperate; your lawyer should attend and prepare you.
• Protect deadlines: Interviews do not toll the statute of limitations; track the filing deadline for a lawsuit.
• Treatment coordination: Keep your attorney updated on medical care so they can time any statement and build your claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation) - Most negligence-based personal injury claims must be filed within three years.
• N.C. Gen. Stat. § 1-53 (Two-year limitation for specific claims) - Wrongful death and some other claims have shorter deadlines.
• N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage) - Sets mandatory UM/UIM coverage rules; first-party claims often include cooperation duties in the policy.

Analysis

Apply the Rule to the Facts: The insurer asked for written statements while liability remains open, and your attorney has not scheduled one or updated you on treatment. You may follow up and request a timeline because reasonable communication is expected. A written statement to the other driver’s insurer is usually optional; your lawyer may be delaying until key medical facts are clearer. If your own insurer requested the statement, your lawyer should prepare and attend to satisfy cooperation duties without risking your claim.

Process & Timing

1. Who contacts: You. Where: Your attorney’s office (email, client portal, or certified mail). What: A concise written request asking (a) whether a statement will be given, (b) the plan and timing, and (c) status of medical records and treatment. When: Send now and ask for a reply within 5–7 business days.
2. If no response, call the office and speak with the paralegal or case manager; request confirmation of a plan or a preparation meeting within the next week. Ask for copies of any insurer deadlines and the letter of representation sent to the insurer.
3. Still no response? Send a second written request for an update and, if needed, ask for your file. If the statute of limitations is approaching, prioritize filing options; the general deadline is three years from the accident for most injury claims.

Exceptions & Pitfalls

• If the request is from your own insurer (UM/UIM/MedPay), cooperation is usually required—do not ignore it; ask your lawyer to attend and prepare you.
• Do not contact the adverse insurer directly if you have a lawyer; let your attorney control communications to protect your claim and privilege.
• Insurer “deadlines” for statements are negotiable; the statute of limitations is not.
• Keep your lawyer updated on all treatment and new providers; incomplete medical records can delay resolution.
• Confirm the lawyer sent a letter of representation to the insurer; without it, adjusters may contact you directly.

Talk to a Personal Injury Attorney

If you're dealing with insurer statement requests and stalled updates, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.