Where This Fits in the Claim Process
After a rear-end crash, the at-fault driver’s insurer typically calls early to gather information, evaluate liability, and start valuing the claim. When you’re still treating, the insurer may also be trying to “lock in” your story and your injury timeline before your medical records fully reflect how you’re doing. That’s why these calls can feel urgent—even when you don’t yet have a clear picture of your recovery.
Practical Steps That Usually Help
- Control the communication: You can ask what the call is about, request questions in writing, and choose a time to respond. If you do speak, keep it short and factual (date, general location, basic mechanics of the rear-end impact). Avoid guessing about speed, distances, or what you “should have done.”
- Protect the record: Start a simple call log (date/time, who called, what was asked, what you said). If you send anything (photos, a wage note, a brief treatment timeline), keep a copy of exactly what you provided.
- Be careful with recorded statements and broad authorizations: A recorded statement can create problems if you miss details, minimize symptoms, or later remember something differently. Also, be cautious about signing open-ended medical releases that allow wide access to unrelated history; it’s often better to provide specific records relevant to the crash when they’re available.
- Don’t let “quick settlement” pressure drive the timing: If you settle before you understand your injury course, you may be giving up the ability to seek additional compensation later for the same incident. It’s okay to say you are still treating and will discuss resolution after you have a clearer medical picture.
- Keep fault language out of it: In North Carolina, contributory negligence can be a major defense. Even a small statement that sounds like you share blame can become an issue later. Stick to what you know (for example, “I was stopped at a red light and was hit from behind”).
Common Mistakes to Avoid
- Rushing a recorded statement: If you’re still dealing with headaches, neck pain, or new symptoms, it’s easy to give an incomplete timeline that later looks inconsistent.
- Over-explaining the treatment gap: Gaps happen for many reasons. The key is to be truthful and avoid speculation. Let the medical records and a clear timeline explain it.
- Minimizing symptoms to “sound tough”: Offhand comments like “I’m fine” can conflict with later records and create avoidable disputes about causation.
- Posting about the crash or your activities: Social media posts can be taken out of context and used to argue you weren’t hurt or that you recovered sooner than you did.
How This Applies
Apply to your facts: Because you went to the ER the next day for imaging and are now starting physical therapy after a gap in follow-up, the insurer may focus on the gap and try to get you to downplay symptoms or agree that something else caused them. If you choose to speak with the adjuster, keep the crash description simple (rear-ended while stopped) and avoid detailed medical opinions—especially about what caused the headaches or how long they’ll last. Since you have Medicaid, it’s also important to keep good records of medical bills and payments, because reimbursement issues can affect how a claim wraps up.
Conclusion
You can be polite and cooperative with the other driver’s insurer without giving them unlimited access to your time, your medical history, or a recorded statement that could be used against you later. While you’re still treating, focus on consistent, factual communication and good documentation. If you’re getting repeated calls or pressure to settle before your treatment is clearer, one practical next step is to speak with a licensed North Carolina personal injury attorney about how to handle communications and protect your claim.
