Understanding the Problem

If you were in a North Carolina car accident and the insurance company keeps calling, the practical question is whether you can (and should) talk to the adjuster, or whether you should tell them to stop calling and communicate another way. This often comes up right after the crash, when the adjuster wants a quick statement and you may still be sorting out medical care and repairs.

Apply the Law

North Carolina law does not require you to give the other driver’s insurance company a recorded statement just because they ask for one. Adjusters may contact you to investigate the claim, but you control whether and how you communicate (for example, in writing or through your attorney). Also, North Carolina is a contributory negligence state in practice, meaning insurers often look for statements they can use to argue you were even slightly at fault, which can affect a bodily injury claim.

If you choose to record a call, North Carolina generally allows recording when at least one party to the conversation consents, but recording without at least one party’s consent can be a crime. If you are unsure, do not record and instead ask the adjuster to email or mail questions.

Key Requirements

• Control the communication channel: You can ask the adjuster to communicate by email or letter, and you can stop taking repeated calls.
• Be careful with recorded statements: You generally do not have to give a recorded statement to the other driver’s insurer, and once said, it can be used to dispute fault or downplay injuries.
• Do not sign broad releases too early: A medical authorization or settlement release can give the insurer access to information beyond the crash-related treatment or can end the claim.
• Stick to basic facts if you do speak: Provide identifying information and crash basics, but avoid guessing about speed, distances, or fault.
• Watch the lawsuit deadline: Most personal injury claims based on negligence must be filed within three years, even if insurance talks are ongoing.
• Consider attorney representation: Once you retain counsel, you can direct the insurer to contact your attorney, which often reduces pressure and miscommunication.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many negligence-based personal injury claims.
• N.C. Gen. Stat. § 15A-287 (Interception of communications) - Prohibits intercepting/recording communications without the consent of at least one party (with exceptions).
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission) - Explains that settling vehicle property damage does not automatically settle injury claims unless the written agreement clearly says so.

Analysis

Apply the Rule to the Facts: Here, the key issue is repeated calls after a North Carolina car accident. Because you are not required to keep taking calls or to give a recorded statement to the other driver’s insurer, you can set boundaries (such as written communication only) to reduce the risk of saying something that gets taken out of context. You should also protect yourself from signing documents that could unintentionally broaden access to your records or end your claim.

Process & Timing

1. Who communicates: You (or your attorney). Where: Directly with the insurance adjuster handling the claim. What: A short written message (email or letter) stating you prefer written communication and will respond after you review questions. When: As soon as the calls become frequent or you feel pressured.
2. Next step: If the insurer wants details, ask for the questions in writing and respond only with what you know (not guesses). Keep copies of everything and note the date/time of calls.
3. Final step: If you retain a personal injury attorney, provide the adjuster with your attorney’s contact information and instruct the insurer to communicate through counsel going forward.

Exceptions & Pitfalls

• Your own insurance policy may require cooperation: If the calls are from your own insurer (for example, med pay or uninsured/underinsured coverage), your policy may require notice and cooperation. The safest approach is still to be careful and consider getting advice before giving a recorded statement.
• Recorded statements can be framed as “just routine”: Adjusters may say it is required or “only for the file.” If you are unsure, ask for questions in writing or wait until you have counsel.
• Overbroad medical authorizations: Signing a blanket authorization can invite arguments about unrelated medical history. You can often limit authorizations to crash-related treatment and dates.
• Property damage paperwork can contain hidden release language: North Carolina law recognizes that a property-damage settlement does not automatically release injury claims unless the written agreement clearly says it does, but you still need to read what you sign.
• Guessing about fault: Casual statements like “I didn’t see them” or “I might have been going a little fast” can be used to argue contributory negligence.

Conclusion

If the insurance company keeps calling after a North Carolina crash, you can set firm boundaries: you generally do not have to give a recorded statement to the other driver’s insurer, and you can require written communication or route calls through your attorney. Protect yourself by avoiding guesses, refusing to sign broad releases too early, and keeping the three-year lawsuit deadline in mind. Next step: send a short written message telling the adjuster you will communicate in writing (or through counsel) and keep a copy for your records.