Short Answer

In North Carolina, you do not have to give a recorded statement to the other driver’s insurance company when you are represented—refer them to your lawyer. You generally must cooperate with your own auto insurer under your policy, which can include a recorded statement or an examination under oath. Your attorney can attend, limit the scope, and schedule it. Not cooperating with your own insurer can affect your coverage and defense.

Understanding the Problem

You are in North Carolina, you are the insured driver, and you want to know whether you must give a recorded statement after a crash. The request is triggered when an insurer asks you for one. You are already represented by an attorney. The question is whether you must speak on the record to the other driver’s insurer versus your own.

Apply the Law

Under North Carolina law, you have no legal duty to give a recorded statement to the other driver’s insurer. For your own insurer, most auto policies include a “duty to cooperate,” which typically requires prompt notice, truthful cooperation, and—if reasonably requested—a recorded statement or an examination under oath (EUO). These are claim-stage obligations handled with your insurer’s claims department, not the court. Missing a set EUO date or refusing to cooperate can risk coverage for defense and indemnity. Procedures and timelines come from your policy and the insurer’s written requests.

Key Requirements

• Other driver’s insurer: No duty to give a statement; route all contact through your lawyer.
• Your insurer’s cooperation clause: You must provide truthful cooperation, which can include a recorded statement if reasonably requested.
• Examination under oath (EUO): A formal, under-oath interview scheduled by your insurer; attend on the noticed date or seek a continuance through counsel.
• Prompt notice: Report the claim to your insurer as soon as practicable and forward any lawsuit papers immediately.
• Scope and preparation: Answer only what you know; your attorney can attend, prepare you, and object to improper questions.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policies) - Defines key features of auto liability policies, including defense and coverage conditions.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Requires fair claim handling; insurers should not impose unreasonable requirements when evaluating claims.

Analysis

Apply the Rule to the Facts: Because you are represented, you should decline any recorded statement from the other driver’s insurer and direct them to your attorney. Your own insurer has received a claim against your policy, so you will likely need to cooperate and may need to give a recorded statement or EUO through counsel. A police report blaming the other driver does not remove your duty to cooperate with your insurer.

Process & Timing

1. Who files: You or your attorney. Where: Your auto insurer’s claims department in North Carolina (by phone/online per your policy). What: Report the claim, provide the claim number, and notify that you are represented; forward any legal papers. When: Do this as soon as practicable after notice of the claim.
2. If your insurer requests a recorded statement or EUO, your attorney schedules it, prepares you, and attends. Statements are typically set within days to a few weeks, but timing can vary by insurer and county.
3. After you cooperate, your insurer confirms its coverage position and continues the defense and claim evaluation; communications with the other driver’s insurer go through your lawyer.

Exceptions & Pitfalls

• UM/UIM twist: If your claim involves uninsured/underinsured motorist coverage, your own insurer may be adverse; still cooperate, but let your lawyer manage scope and timing.
• Do not go alone: Do not give the other driver’s insurer any recorded statement without your attorney; it is not required and can be used against you.
• EUO vs. recorded call: An EUO is formal and under oath; take it seriously, prepare, and be truthful.
• Broad authorizations: Avoid signing blanket medical or employment releases without counsel review.
• Speculation hurts: Stick to facts; do not guess about speed, distances, or injuries.

Talk to a Personal Injury Attorney

If you’re dealing with insurer requests for a recorded statement after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055.

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.