Short Answer

In North Carolina, you generally don’t have to give a written statement to the at‑fault driver’s insurance company, and your lawyer can decline or delay it. If your own insurer requests a statement, your policy usually requires reasonable cooperation, which your lawyer can manage by proposing a written, attorney‑vetted statement limited to facts. Don’t guess, don’t speculate, and keep an eye on policy deadlines and the lawsuit filing deadline.

Understanding the Problem

You’re asking how to prepare and schedule a written statement for an insurer through your lawyer in North Carolina after a recent accident. The insurer has requested written statements during its investigation, but your attorney hasn’t scheduled it and your treatment is still ongoing. The key decision is whether a statement is required now, who it’s for (your insurer or the other driver’s), and how your lawyer should control timing and content to protect your claim.

Apply the Law

Under North Carolina law, your duty to provide a statement depends on which insurer is asking. You typically have no legal duty to give a statement to the at‑fault driver’s insurer. You do usually have a contractual duty to reasonably cooperate with your own insurer (for MedPay, UM, or UIM claims), which can include a written statement. Your lawyer should handle all communications, limit the scope to known facts, and time the statement so it doesn’t lock you into incomplete medical information. Claims are handled with the insurer/adjuster, not the court, but lawsuit filing deadlines still apply if negotiations fail.

Key Requirements

• Identify the insurer’s role: Confirm whether the request comes from the at‑fault insurer (usually optional) or your own insurer (often required by your policy).
• Channel communications through your lawyer: Your attorney should schedule, format, and transmit the statement and set ground rules.
• Limit to facts you know: Provide dates, locations, vehicles, injuries known to date, and treatment received; avoid speculation about fault or prognosis.
• Control medical access: Do not sign blanket medical authorizations; use narrow, time‑limited releases relevant to the injuries.
• Mind deadlines: Cooperate within your policy’s timelines and keep the broader lawsuit filing deadline in view if settlement stalls.

What the Statutes Say

• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Requires insurers to investigate and handle claims fairly.
• N.C. Gen. Stat. § 20-279.21 (Financial Responsibility Act – UM/UIM) - Sets UM/UIM coverage framework; policy terms typically require reasonable cooperation.

Analysis

Apply the Rule to the Facts: Because your treatment is ongoing and your lawyer hasn’t scheduled the statement, first determine which insurer is asking. If it’s the at‑fault insurer, your lawyer can decline or postpone and offer a brief factual summary later. If it’s your own insurer (MedPay/UM/UIM), your lawyer should schedule a written, fact‑only statement and update it later as medical records develop, satisfying cooperation without guessing about future care.

Process & Timing

1. Who files: Your attorney. Where: Directly to the assigned adjuster/insurer in North Carolina. What: A lawyer‑drafted, signed written statement (often a letter or Q&A) plus narrowly tailored medical releases if needed. When: Within your policy’s cooperation timeline if it’s your insurer; otherwise when your lawyer is satisfied the facts and medical picture are clear enough.
2. Your attorney proposes ground rules in writing (written format, no recording, limited topics), circulates a draft to you for accuracy, and confirms a submission date with the adjuster. Insurers typically acknowledge within 1–2 weeks, but timing varies by company.
3. After submission, your lawyer manages follow‑up requests (e.g., additional records or, in first‑party claims, an examination under oath if required by the policy) and keeps the claim on track toward evaluation or, if needed, litigation.

Exceptions & Pitfalls

• First‑party vs. third‑party: You can usually decline statements to the at‑fault insurer; your own insurer can require reasonable cooperation.
• Recorded vs. written: Prefer a written, attorney‑reviewed statement; avoid recorded statements unless your policy expressly requires them.
• Medical authorizations: Don’t sign blanket releases; use targeted, date‑limited authorizations tied to the injuries.
• Speculation and inconsistency: Don’t guess about speed, diagnoses, or future limitations; inconsistencies can be used against you later.
• Timing while still treating: If injuries are evolving, your lawyer can provide a limited statement now and supplement later with records rather than lock in incomplete details.
• EUO and notice provisions: Some policies allow an examination under oath and require prompt notice; missing these can jeopardize first‑party benefits.

Talk to a Personal Injury Attorney

If you're dealing with an insurer’s request for a written statement after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [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.