Where This Fits in the Claim Process
This question usually comes up in the first hours or days after a crash—when you are talking with the other driver, the police, witnesses, or an insurance adjuster. It also comes up later if an insurer asks for a recorded statement or if you are worried something you posted or said could be taken out of context. The goal is simple: protect the accuracy of the record about fault, injuries, and losses.
Practical Steps That Usually Help
- Control the communication: Stick to what you know first-hand. If you do not know something, it is okay to say you are not sure. Keep a simple call log (date, time, who you spoke with, and what was discussed) and save emails/texts.
- Protect the record: Preserve photos, videos, and any documents you receive. If you post online, assume it may be viewed later and interpreted in the least helpful way.
- Escalation options: If an adjuster is pressuring you or not responding, you can ask for a supervisor review or send a short written follow-up confirming what you understand the next step to be (without arguing or speculating).
Common Mistakes to Avoid
- Apologizing or admitting fault: Avoid statements like “I’m sorry, this is my fault,” or “I didn’t see you.” In North Carolina, the defense may argue that any negligence by you bars recovery, so casual comments can matter more than people expect.
- Guessing about speed, distance, or timing: Avoid estimates you are not confident about ("I was only going 10," "the light was yellow for a while"). If you truly do not know, say that.
- Downplaying injuries: Avoid “I’m fine” or “I’m not hurt” in the moment. Many injuries show up later, and insurers often point to early statements to question whether the crash caused your symptoms.
- Giving a rushed recorded statement: A recorded statement can lock you into details you may not remember clearly right after a stressful event. If you choose to speak, keep it factual and limited to what you personally observed.
- Posting (or letting others tag you) on social media: Posts, photos, check-ins, and comments can be taken out of context. Also, do not delete or “clean up” existing posts after the fact—deleting can create an argument about evidence preservation.
- Signing documents you do not understand: Avoid signing broad authorizations or settlement paperwork without understanding what it covers. A signature can affect what information gets released and what rights you keep.
- Inconsistent stories: Small differences between what you tell the police, an adjuster, and a medical provider can be used to challenge credibility. Consistency matters.
How This Applies
Apply to [CLIENT]’s situation: Because you are still at the “talk to an attorney” stage, the safest approach is to avoid detailed fault discussions with anyone other than your own lawyer and to keep any necessary communications short and factual. If an insurer calls, you can take down the caller’s information and say you will respond after you have had a chance to review what happened. Also, preserve what you already have (photos, texts, notes) and avoid deleting online content that could later be requested.
Conclusion
To protect a North Carolina injury claim, avoid fault admissions, avoid guessing, and avoid “I’m fine” statements that can be used to minimize injuries. Keep communications factual, preserve documents and social media content, and be cautious with recorded statements and signatures. One practical next step is to write down a clear timeline of what you remember (in your own words) while it is still fresh, then share it with a licensed North Carolina attorney.
