Understanding the Problem

If you were in a North Carolina car accident and an insurance adjuster is calling you for a recorded statement, the key question is whether you can (or must) talk and what to do next before you say something that could be used against you. In your situation, the only clear fact is that a law firm received a message about a car accident and the message asked for a return call.

Apply the Law

North Carolina law does not require you, as an injured person making a claim against someone else, to give that other person’s insurance company a recorded statement on demand. Adjusters often request recordings early because your first description of the crash can be used later to challenge fault, the seriousness of injuries, or the timeline of symptoms. This matters in North Carolina because fault defenses can be case-ending in many situations, so you should be careful about informal statements that can be interpreted as admitting blame.

Separately, if the call is from your own insurance company (for example, a claim under medical payments coverage, collision coverage, uninsured/underinsured motorist coverage, or to report the wreck), your policy may require reasonable cooperation. Even then, you can still ask for the purpose of the call, request the questions in advance, and choose a time to respond after you have gathered accurate information.

Key Requirements

• Confirm who is calling: Ask for the adjuster’s name, the company, the insured they represent, and the claim number before discussing the crash.
• Separate “their insurer” from “your insurer”: Your obligations can differ depending on whether the caller is your carrier or the other driver’s carrier.
• Do not guess: If you do not know an answer (speed, distances, exact timing, whether you were “hurt”), say you do not know or you need to review records.
• Keep fault statements off the table: Avoid apologizing or agreeing you “could have” done something differently; stick to what you personally observed.
• Limit medical discussion: Early after a crash, symptoms can evolve; avoid broad statements like “I’m fine” if you are not sure.
• Get requests in writing: Ask the adjuster to email or mail what they want and why, so you can respond accurately.
• Protect deadlines: A recorded statement is not a substitute for filing a claim or lawsuit on time.

What the Statutes Say

• N.C. Gen. Stat. § 8-45.5 (Statements taken in hospital while in shock or under drugs) - limits the use of certain statements obtained from hospitalized patients under specified conditions.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period for many personal injury claims) - sets a three-year deadline for many negligence-based injury lawsuits.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not automatically a full release) - explains that paying property damage does not automatically settle injury claims unless the written agreement clearly says so.

Analysis

Apply the Rule to the Facts: Because the only information provided is that you were involved in a car accident and someone is trying to talk with you, the safest approach is to slow the process down and avoid a recorded statement until you know which insurer is calling and what the statement will cover. If the caller is the other driver’s insurer, you can decline a recording and offer to provide basic identifying information and a written response later. If the caller is your own insurer, you should still confirm the purpose of the request and respond carefully so you do not accidentally create inconsistencies that can complicate coverage or your injury claim.

Process & Timing

1. Who responds: You (or your attorney). Where: By phone/email with the adjuster; if a lawsuit becomes necessary, it is filed in the appropriate North Carolina trial court (typically Superior Court) in the proper county. What: Ask for the claim number and a written list of questions or a written request for information; if you later pursue a lawsuit, it must be filed as a civil complaint. When: Do not let an adjuster-created “deadline” rush you; for many injury cases, the outside deadline to file suit is three years from when the claim accrues.
2. Information-gathering: Collect the crash report number, photos, witness names, and your medical provider information before you give any detailed narrative. If you do speak, keep it limited to facts you know first-hand.
3. Follow-up: If the insurer asks you to sign authorizations or accept a quick payment, read the paperwork carefully and confirm in writing what the payment covers (property damage only vs. all claims).

Exceptions & Pitfalls

• Your own policy may require cooperation: If the request is coming from your insurer for a coverage claim, refusing to cooperate can create coverage problems. Confirm the coverage type and what they need before you decline.
• “I’m fine” can be used against you: Early symptoms can be delayed. If you truly do not know yet, say that you are still monitoring symptoms or still being evaluated.
• Guessing creates inconsistencies: Estimates about speed, distance, or timing often change after you see the crash report or photos. Inconsistencies can be used to challenge credibility.
• Recorded statements can lock you in: Adjusters may ask leading questions. A recording can be replayed later to argue you admitted fault or minimized injuries.
• Signing broad releases: A property-damage payment should not automatically settle injury claims unless the written agreement says it does. Always read what you sign.
• Missing the lawsuit deadline: Ongoing negotiations do not automatically extend the statute of limitations. Track the three-year deadline even if the insurer seems “close to settling.”

Conclusion

If an insurance company calls after a North Carolina car accident, first confirm whether it is your insurer or the other driver’s insurer and do not feel pressured into a recorded statement. You can ask for the request in writing, avoid guessing, and keep any communication factual and limited. Most importantly, protect the three-year deadline that applies to many injury lawsuits by taking the next step of speaking with a North Carolina personal injury attorney early enough to evaluate the claim and track the filing date.

Talk to a Personal Injury Attorney

If you’re dealing with insurance calls or a request for a recorded statement after a car accident, our firm’s attorneys can help you understand what information you should (and should not) provide, how to protect your claim, and what timelines matter. Call (800) 817-2335 to discuss your situation.

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.