How can I stop discussing my injuries with the other driver’s insurer after I hire a lawyer, and what do I say if they call?: North Carolina

Recent Legal Update

Updated: October 2026

This article was corrected to reflect N.C. Gen. Stat. §§ 1-82, 7A-243, and 58-63-15. The prior version stated that a personal injury lawsuit could generally be filed where the crash occurred and suggested that a representation letter creates a statutory duty requiring an adjuster to cease all direct contact.

Under the current statutes, venue generally lies in a county where the plaintiff or defendant resides, and the District or Superior Court division is determined by whether the amount in controversy exceeds $25,000. Section 58-63-15 regulates unfair claim settlement practices but does not expressly make a representation letter a court order or impose a categorical prohibition on direct contact. You may still decline to discuss the adverse claim and direct the adjuster to your lawyer. These corrections materially affect filing decisions and expectations about insurer communications.

Short Answer

In North Carolina, you generally do not have to talk to the at-fault driver’s insurance company or give it a recorded statement. After you hire a lawyer, tell the adjuster in writing to communicate with your attorney and decline statements or new medical releases. A representation letter is not a court order, but it normally shifts claim communications to counsel. If the adjuster calls, say: “I’m represented by an attorney. Please contact my lawyer. I won’t discuss the claim.” Duties to your own insurer can be different under your policy.

Understanding the Problem

You’re asking whether you can stop the other driver’s insurer from discussing your injuries with you after you hire a lawyer, and exactly what to say if they still call. This is a North Carolina personal injury claim issue focused on communications with the at-fault insurer. You already opened a claim and have a claim number. The goal is to shift communications to your attorney and avoid statements that can be used against you.

Apply the Law

No North Carolina statute generally requires an injured person pursuing a third-party claim to give the at-fault driver’s insurer a recorded statement or sign a blanket medical release. Once you retain counsel, you or your attorney can instruct the insurer in writing to direct claim communications to your lawyer. However, N.C. Gen. Stat. § 58-63-15, which addresses unfair claim settlement practices, does not expressly make a representation letter a court order or categorically prohibit an adjuster from contacting a represented claimant. Claims are ordinarily handled outside court; if settlement fails, a lawsuit may be filed in North Carolina civil court. The District Court Division is generally proper when the amount in controversy is $25,000 or less, while the Superior Court Division is generally proper when it exceeds $25,000. Separate from claims handling, the three-year statute of limitations for most personal injury cases still applies.

Key Requirements

No general duty to speak to the adverse insurer: You can ordinarily decline calls, recorded statements, and new authorizations requested by the other driver’s insurer.
Representation notice: After you hire a lawyer, give the adjuster written notice, often called a “letter of representation,” requesting that claim communications go through your attorney. The letter documents your request but is not itself a court order.
Medical privacy control: Do not sign broad medical releases for the adverse insurer without consulting your lawyer. Ask your lawyer about withdrawing or limiting any authorization you previously signed.
Consistent, minimal statements: If contacted, state that you are represented and end the call without discussing facts, injuries, or treatment.
Mind your own policy duties: Your cooperation duties to your own insurer, such as duties involving MedPay or UM/UIM coverage, are different; follow your attorney’s guidance on those.

What the Statutes Say

North Carolina Gen. Stat. § 58-63-15 (Unfair claim settlement practices) - Prohibits specified unfair claim settlement practices when committed with enough frequency to indicate a general business practice, but does not expressly create a cease-contact rule for represented claimants.
North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Generally sets a three-year deadline for personal injury lawsuits.
North Carolina Gen. Stat. § 1-82 (Venue in all other cases) - Generally places venue in a county where the plaintiff or defendant resides when the action begins.
North Carolina Gen. Stat. § 7A-243 (Proper division for civil actions) - Generally assigns cases involving $25,000 or less to District Court and cases exceeding $25,000 to Superior Court.

Analysis

Apply the Rule to the Facts: You were rear-ended, reported the claim, and received a claim number. You generally are not required to give the other insurer a recorded statement or discuss your injuries. After hiring counsel, have your attorney send a representation letter requesting that communications go through the attorney. If the adjuster calls, say: “I’m represented by an attorney. Please contact my lawyer. I won’t be giving a statement,” and end the call. Do not sign new medical releases for the at-fault insurer without first consulting your lawyer.

Process & Timing

Who sends it: Your attorney. Where: Directly to the insurance adjuster handling the claim. What: A written letter of representation requesting that claim communications go through counsel and, when appropriate, addressing any prior medical authorizations. When: Immediately after you retain counsel.
The adjuster will typically update the file to route communications through your lawyer. Calls to you may stop within a few business days, although a representation letter does not operate as a court order and timing can vary by insurer.
If settlement later fails, your attorney may file a complaint and civil summons with the Clerk of Superior Court in a proper county. Under the general venue statute, that is ordinarily a county where the plaintiff or defendant resides, not necessarily the county where the crash occurred. The District or Superior Court division generally depends on whether the amount in controversy exceeds $25,000.

Exceptions & Pitfalls

Your own insurer is different: You may have cooperation duties to your own carrier, such as duties involving MedPay or UM/UIM coverage. Do not ignore your own insurer; follow your attorney’s guidance.
Recorded statement risks: Inconsistent or speculative statements can undercut your injury claim. Keep it simple: identify counsel and end the call.
Overbroad releases: Do not sign blanket medical authorizations for the adverse insurer without legal advice. Relevant records can instead be provided through your lawyer.
Deadline trap: Ongoing talks with an adjuster generally will not pause the three-year filing deadline. Track the date and plan ahead.
Persistent contact: If calls continue after notice, keep a call log and tell your lawyer. Your lawyer can resend the representation notice and address the communications directly with the insurer.

Conclusion

In North Carolina, you generally do not have to discuss your injuries, give a recorded statement, or sign broad authorizations for the at-fault driver’s insurer. After you hire a lawyer, request that claim communications go through your attorney and end any direct calls without discussing the substance of the claim. A representation letter is not a court order, but it documents your request and usually redirects communications to counsel. Remember, most injury claims must be filed within three years if a lawsuit becomes necessary.