Has the injured person's attorney obtained a written statement that can be provided to the insurer?

What Does the Insurer Mean by a “Written Statement”?

An insurance representative’s request can refer to several different documents. It may mean a statement written and signed by the injured person, a questionnaire, a transcript of a recorded interview, or a summary prepared by the attorney’s office. Those documents are not interchangeable.

Before responding, counsel should ask the representative to identify what is being requested and why. The attorney should also determine whether the request concerns fault, the sequence of events, injuries, medical care, lost income, or another part of the bodily injury claim.

A statement created by the client for delivery to the insurer may be treated differently from an attorney’s interview notes or internal evaluation. The existence of an internal document does not necessarily mean it should be produced. Counsel should review the document for accuracy, completeness, confidential information, and potential work-product concerns before disclosing it.

Why Careful Review Matters in a North Carolina Injury Claim

A written statement can become an important part of the insurer’s claim file. The insurer may compare it with the collision report, photographs, witness accounts, medical records, prior recorded statements, and later testimony. Even an innocent difference in wording may lead to questions about fault or credibility.

A useful factual statement should generally distinguish between what the injured person personally remembers and what the person learned later. It should not guess about speed, distance, timing, medical causes, or other details that the person cannot reliably describe. If the person does not remember something, the statement should not fill the gap with an assumption.

Fault-related wording deserves particular attention because North Carolina permits contributory negligence as a defense. If the party raising that defense proves that the injured person’s own negligence helped cause the injury, the defense can create serious problems for the claim. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally carries the burden of proving it. Evidence should therefore address both what the other person allegedly did wrong and why the injured person’s conduct was reasonable.

What Counsel Should Check Before Providing a Statement

Before sending any written account to the insurer, counsel may need to:

1. Identify the document. Determine whether it is a signed client statement, an interview transcript, an attorney summary, or an internal note.
2. Confirm the client’s recollection. The client should have an opportunity to review any statement presented as the client’s account and correct factual errors.
3. Compare the available evidence. Review the statement alongside photographs, diagrams, witness information, the crash report, and earlier communications.
4. Check the scope of the request. A request for an ordinary factual statement is different from a formal demand made under the injured person’s own insurance policy, such as a request for an examination under oath. Policy language and the specific facts may affect the response.
5. Protect confidential material. Remove or withhold attorney impressions, legal strategy, and confidential communications when disclosure is not appropriate.
6. Keep a complete copy. Preserve the final document and the communication used to send it so there is a clear record of what the insurer received.

Counsel can also respond that no client statement has been obtained if that is accurate. An insurer’s question does not establish that a statement exists, and counsel should not imply otherwise.

Documents and Information Worth Preserving

Whether or not a written statement is provided, the injured person and counsel should preserve materials that may confirm the account of what happened:

• Photographs or video of the scene, vehicles, property damage, and visible conditions;
• The crash or incident report and any corrections or supplemental reports;
• Names and contact information for witnesses;
• Letters, emails, text messages, and claim correspondence;
• Any earlier written or recorded statement given to an insurer;
• Medical records, bills, visit summaries, and discharge instructions related to the claimed injuries;
• Records supporting missed work or lost income; and
• The declarations page, claim number, denial letters, reservation-of-rights letters, and other relevant insurance documents.

Providing organized records is often more useful than sending a broad narrative without supporting documentation. The material should be limited to what is relevant and reviewed for accuracy before submission.

Confirming Representation for Bodily Injury Only

The insurance representative also asked whether counsel represented the client only for bodily injury and not for property damage. Counsel should answer that question clearly and in writing based on the actual representation agreement.

If representation is limited to the bodily injury claim, the letter should state that limitation. It may also explain that property-damage communications should go directly to the client or another authorized representative. This helps prevent the insurer from assuming that counsel is handling vehicle repairs, total-loss questions, rental expenses, or other property issues.

Separating the two claim categories does not make them unrelated. Photographs, repair estimates, and vehicle damage may still be relevant evidence in the bodily injury claim. In addition, any property-damage release should be read carefully. Under N.C. Gen. Stat. § 1-540.2, settling a motor-vehicle property-damage claim generally does not by itself release a bodily injury claim, unless the written settlement agreement specifically states that it resolves all claims arising from the collision.

How This Applies to the Insurer’s Request

Here, the known facts establish only that an insurance representative asked whether counsel had obtained a written statement and whether representation was limited to bodily injury. They do not establish that a statement exists or that the client authorized its release.

A practical response would separately address both points. Counsel can confirm the scope of representation and state whether a client-approved factual statement is available. If a statement exists but requires review, counsel can say that no decision about production has been made. If the insurer seeks a particular form of statement, counsel can ask the representative to describe the requested subject matter and purpose in writing.

The response should avoid combining the bodily injury claim with responsibility for the property-damage claim. It should also avoid volunteering uncertain facts merely to provide an immediate answer. Accuracy and a clear written record matter more than speed.

A Written Statement Does Not Replace the Rest of the Claim

A statement is only one item in a personal injury file. The claim may also require proof of the other party’s conduct, causation, medical expenses, lost income, and other claimed losses. Relevant medical records, bills, and wage documentation should be gathered and submitted in an organized way when appropriate.

Insurance communications also do 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 a different rule may apply depending on the claim. Ongoing discussions about a statement or other documentation should not be treated as an agreement to preserve the right to file suit.