Can witness statements and law enforcement interviews affect an insurer's liability decision?

How Witness Accounts Can Change a Liability Decision

A liability decision is the insurer's position on who caused the incident and whether its policyholder may be legally responsible. Before accepting or denying liability, an adjuster commonly compares the accounts of the people involved with statements from independent witnesses and physical evidence.

A witness statement may affect the decision when the witness personally saw or heard something important, such as the movements of the people or vehicles immediately before an impact. The insurer may consider:

• Whether the witness personally observed the event or learned about it from someone else.
• Where the witness was located and whether anything blocked the witness's view.
• How soon after the incident the statement was given.
• Whether the account has remained consistent.
• Whether the witness has a relationship with anyone involved.
• Whether photographs, video, vehicle damage, measurements, or other evidence support the account.

Early statements can be important because memories may fade and physical conditions can change. At the same time, an early statement may be incomplete if the witness was distracted, saw only part of the event, or misunderstood what happened. A careful investigation should test the statement against the rest of the evidence rather than treating it as automatically correct.

What Law Enforcement Interviews May Add

Law enforcement officers may speak with drivers, injured people, bystanders, first responders, and others at the scene. Depending on the incident, the officer's materials may include recorded or written statements, a diagram, scene measurements, photographs, dispatch information, or notes about physical evidence.

These materials can influence an insurer because they were often gathered close in time to the event. An officer may also identify inconsistencies that the adjuster wants to investigate before taking a position.

However, a law enforcement report is generally a starting point, not a complete substitute for an independent liability investigation. The officer may not have witnessed the event. A report may rely on the limited information available at the scene, and one person may have been unable to give a full account because of an injury or other circumstances. Supplemental reports, body-camera footage, 911 recordings, photographs, and an officer's underlying notes may provide information not shown on the initial report.

Why the Insurer May Delay Its Decision While Gathering Information

An insurer may reasonably wait for material evidence before deciding liability. For example, it may want to interview a newly identified witness, speak with the investigating officer, obtain a completed report, or compare conflicting accounts with photographs and physical evidence.

That does not mean communications can simply be ignored. N.C. Gen. Stat. § 58-63-15 identifies failures to acknowledge claim communications reasonably promptly, conduct a reasonable investigation, and explain certain claim decisions as potential unfair claim-settlement practices. The statute does not establish one fixed number of days in which every bodily injury liability decision must be made, and the proper timing depends on the facts and the information still outstanding.

A representation letter should give the insurer the attorney's contact information, identify the claimant and incident, and direct claim communications appropriately. The letter itself does not require the insurer to accept liability. If receipt has not been confirmed, counsel can document delivery, resend the letter if needed, identify the claim number and adjuster, and request a written status update describing what information remains under review.

North Carolina Fault Rules Make the Details Important

North Carolina allows contributory negligence as a defense. If the defense proves that the injured person's own lack of reasonable care helped cause the injury, it can create a serious obstacle to recovery. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally has the burden of proving it.

This is why an insurer may ask witnesses and officers about both sides of the event. Evidence should address what the insured allegedly did wrong and why the injured person acted reasonably. Small factual disputes involving speed, visibility, warnings, right of way, distractions, or the sequence of events may affect the insurer's position.

Evidence to Preserve During the Investigation

The injured person's attorney can decide what evidence is appropriate to request and preserve. Useful materials may include:

• The initial and any supplemental law enforcement reports.
• Names and current contact information for witnesses.
• Written, recorded, or summarized witness statements.
• Photographs and video from the scene or nearby cameras.
• 911 calls, dispatch records, body-camera footage, and officer notes when available.
• Vehicle or property photographs and repair documentation.
• Emails, letters, delivery confirmations, and claim-portal messages involving the insurer.
• The representation letter, claim number, adjuster's contact information, and a timeline of communications.

A represented person should generally coordinate evidence requests and insurer communications with the attorney already handling the bodily injury claim. Independent contact with witnesses can create avoidable disputes about what was said, so counsel may prefer to arrange or document those communications.

How This Applies When a Representation Letter Has Not Been Acknowledged

Here, the insurer appears to be collecting information from a witness and law enforcement but has not confirmed receipt of the representation letter or announced a liability decision. The ongoing investigation may explain why no decision has been made, but it does not answer whether the insurer received the letter or what evidence remains outstanding.

The practical next step is for the current attorney to follow up in writing. The follow-up can attach the representation letter, provide proof of the earlier transmission, request confirmation that the attorney is listed as counsel, and ask whether the insurer is awaiting a particular interview, report, or record. Counsel may also provide material evidence that corrects an incomplete account without requiring the represented person to communicate directly with the adjuster.

Waiting for an insurer's investigation does not automatically extend a lawsuit deadline. Many North Carolina personal injury actions are subject to a three-year period under N.C. Gen. Stat. § 1-52, although different claims and circumstances may have different deadlines. Settlement discussions, witness interviews, and an unresolved liability review generally should not be assumed to pause the applicable filing period.