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If another driver caused your accident, their insurance company may contact you to investigate the crash and evaluate your claim. North Carolina’s Department of Insurance specifically advises people involved in accidents to contact the responsible driver’s insurance company when appropriate.
Yes, you can talk to the other driver’s insurance company after a North Carolina accident but you should be careful about what you say, what you agree to, and what documents you sign.
That does not mean you should treat the insurance adjuster as your advocate.
An insurance adjuster is investigating a claim for the insurance company. The adjuster may ask how the collision happened, whether you were injured, where you received treatment, whether you missed work, and other questions about your losses. Those questions may be routine, but your answers can become part of the claim file.
The practical distinction is important:
- Reporting the accident and providing basic information may be necessary.
- Answering questions truthfully is essential.
- Guessing, speculating, minimizing injuries, or accepting responsibility without understanding the facts can create problems.
- Giving a recorded statement about a disputed injury or accident deserves additional consideration.
- Signing a settlement or release should not be treated as a routine administrative step.
- If you have significant injuries, disputed liability, multiple insurance policies, or a settlement offer, speaking with a North Carolina personal injury attorney before making important decisions may be appropriate.
North Carolina also has a contributory-negligence rule that can make questions about responsibility particularly important. The North Carolina Department of Insurance explains that a driver who is determined to be partially at fault may be barred from recovering damages on a liability claim.
In other words, what you tell an insurance company about how an accident happened can matter.
Should You Talk to the Other Driver’s Insurance Company?
You generally should not simply ignore the other driver’s insurance company.
If the other driver may be responsible for your property damage or injuries, communication with that insurer can be part of the claims process. North Carolina’s Department of Insurance advises consumers to contact the other driver’s insurance company when another individual is responsible for their damages.
But there is a difference between participating in the claims process and giving the insurer unlimited access to information without understanding why it is being requested.
A useful approach is to:
- Confirm who you are speaking with.
- Ask which insurance company the adjuster represents.
- Obtain the adjuster’s name, claim number, phone number, and email address.
- Give accurate information about the accident.
- Do not guess about facts you do not remember.
- Do not exaggerate or minimize your injuries.
- Be cautious about recorded statements.
- Do not sign a settlement agreement or release before understanding what it resolves.
- Notify your own insurance company as required by your policy.
- Consider legal advice before making significant decisions if you have serious injuries or a disputed claim.
The goal is not to make every communication with an insurer difficult. The goal is to make sure you understand what you are being asked and why it matters.
Why Is the Other Driver’s Insurance Company Calling Me?
After an accident, an insurance company may investigate whether its insured driver is legally responsible and what damages may have resulted.
An adjuster may want information about:
- Where the accident happened
- When the accident occurred
- How the collision happened
- The vehicles involved
- The damage to the vehicles
- Police or crash reports
- Witnesses
- Your injuries
- Medical treatment
- Lost income
- Other insurance coverage
- Property damage
- The circumstances surrounding the claim
The North Carolina Department of Insurance explains that an insurance adjuster investigating an accident may attempt to determine who was negligent or at fault.
That investigation matters because a liability insurance claim is not simply a request for money. The insurer may evaluate whether its policyholder is legally responsible, whether the claimed losses resulted from the accident, and what coverage may apply.
The adjuster may sound friendly. That does not change the purpose of the call.
You may have a perfectly professional conversation with an adjuster.
That does not mean the adjuster represents your interests.
The adjuster works for the insurance company. Your interests may be different from the insurer’s interests, particularly when the parties disagree about fault, the severity of an injury, the value of a claim, or whether additional damages may exist.
That is why it can be useful to slow down and understand the purpose of each request.
What Should I Tell the Other Driver’s Insurance Company?
Start with information you know to be accurate.
For example, you may be able to provide:
- Your name
- The date and location of the accident
- The vehicles involved
- Basic information about what occurred
- The police or crash report number, if available
- Your insurance information
- Basic information about visible vehicle damage
- The fact that you are receiving medical treatment, if applicable
The key is accuracy.
If you do not remember something, it is better to say that you do not remember than to fill in the gap with a guess.
Avoid guessing about speed, distance, timing, or fault
Accidents happen quickly.
You may remember that another vehicle struck you but not know exactly how fast it was traveling. You may remember a traffic signal but not be certain how many seconds passed between the light changing and the collision.
Do not turn an uncertain memory into a precise statement merely because the adjuster asks for one.
You can say that you do not know or do not remember.
Do not speculate about your medical condition
You may feel relatively well immediately after a crash and develop symptoms later.
When describing your condition, be truthful and accurate. Do not exaggerate your symptoms, but do not minimize them simply because you want to appear fine.
Your medical records and treatment history may ultimately provide more complete information about your injuries.
Should I Give the Other Driver’s Insurance Company a Recorded Statement?
This is one of the more important questions to consider.
A recorded statement is different from casually providing basic claim information. A recorded conversation can create a permanent record of what you said.
That does not mean every recorded statement is improper or that you should automatically refuse every request.
It means you should understand the circumstances before agreeing to one.
Consider speaking with an attorney first if:
- You suffered significant injuries.
- The insurer disputes who caused the accident.
- You are being asked detailed questions about fault.
- You are being questioned about previous injuries or medical conditions.
- Your symptoms are still developing.
- You are unsure about the extent of your losses.
- Multiple vehicles were involved.
- The insurer is questioning whether treatment is related to the crash.
- You are being asked to provide a broad medical authorization.
- You have received a settlement offer.
- You are being asked to sign a release.
North Carolina personal injury law can make questions about your own conduct particularly important because North Carolina follows contributory-negligence principles.
The North Carolina Department of Insurance explains that a person who contributes to an accident may be unable to collect on a liability claim.
That makes accuracy especially important when discussing how a collision occurred.
Should I Tell the Insurance Company About My Injuries?
If you were injured, you should not hide that fact.
You also should not invent or exaggerate symptoms.
Explain your condition accurately and seek appropriate medical care.
The North Carolina Department of Insurance recognizes bodily injury claims as potentially including medical expenses, lost wages, and pain and suffering resulting from an accident.
The amount and availability of damages depend on the circumstances and applicable law.
Why early statements about injuries can be complicated
Some accident injuries become apparent quickly. Others may develop over time.
For example, someone may experience:
- Neck pain
- Back pain
- Headaches
- Limited movement
- Numbness
- Sleep difficulties
- Other symptoms
The timing and medical documentation can matter when an insurer evaluates whether a claimed injury resulted from the accident.
That is one reason you should avoid making absolute statements about your recovery before you understand your medical condition.
Should I Give the Other Driver’s Insurer My Medical Records?
An insurance company may request medical records or other documentation when evaluating an injury claim.
That does not mean every request should automatically be ignored.
It does mean you should understand what information is being requested and why.
A request may involve:
- Accident-related medical records
- Medical bills
- Treatment dates
- Diagnostic testing
- Physician records
- Prior medical records
- Employment records
- Wage information
Some requests may be relevant to evaluating the claim. Others may be broader than you expected.
If the insurer requests a broad authorization covering extensive medical history, ask what information it seeks and how it will be used. If you are uncertain about the scope of the request, consider obtaining legal advice before signing an authorization.
What If the Other Driver’s Insurance Company Wants Me to Sign Something?
Slow down.
A document from an insurance company could be routine claim paperwork, a medical authorization, or a settlement document. The legal effect can be very different depending on the document.
Be especially careful with a release
A settlement release may affect your ability to pursue additional compensation arising from the accident.
For example, you may still have:
- Future medical treatment
- Lost income
- Additional vehicle-related expenses
- Ongoing symptoms
- Potential reimbursement obligations
- Claims involving additional insurance coverage
Before signing a settlement agreement, understand what claims you are releasing and whether you have identified all potentially applicable sources of coverage.
Do not assume that receiving a check is simply a partial payment that leaves the rest of your claim open.
The actual settlement language matters.
What If the Insurance Company Offers Me a Settlement?
You do not have to assume that the first settlement offer is the final word.
Before accepting an offer, consider:
- What injuries have been diagnosed?
- Is treatment complete?
- Could additional treatment be necessary?
- Have lost wages been documented?
- What property damage remains?
- Is liability disputed?
- What insurance limits are available?
- Does your own insurance provide applicable coverage?
- Are there medical liens or reimbursement claims?
- What does the proposed release say?
- What claims will the settlement resolve?
North Carolina’s Department of Insurance recognizes that disagreements over claim value may ultimately require legal resolution.
If an insurer presents a settlement offer while you are still receiving treatment or before the full extent of your losses is understood, consider getting legal advice before signing anything that could permanently resolve the claim.
What Should I Do After the Other Driver’s Insurance Company Calls?
If you receive a call shortly after your accident, consider taking these steps.
1. Write down who called
Record:
- Adjuster’s name
- Insurance company
- Claim number
- Telephone number
- Email address
- Date and time of the call
2. Ask what information the adjuster needs
You can ask whether the request concerns:
- Property damage
- Bodily injury
- Liability
- Medical documentation
- A recorded statement
- A settlement
Understanding the purpose of the request helps you respond appropriately.
3. Do not guess
If you do not remember something, say so.
Do not manufacture details to make your answer sound complete.
4. Keep your own records
Save emails, letters, texts, claim documents, estimates, photographs, and other communications.
5. Notify your own insurer
Your own automobile insurance policy may contain notice and cooperation requirements.
The North Carolina Department of Insurance advises consumers to notify their insurance company after an accident and cooperate with the insurer’s investigation.
6. Preserve accident evidence
Keep:
- Photographs
- Dashcam footage
- Police or crash reports
- Witness information
- Vehicle repair records
- Medical records
- Medical bills
- Wage documentation
- Insurance correspondence
Evidence can become more difficult to obtain as time passes.
Does North Carolina’s Contributory Negligence Rule Matter?
Yes.
This is one of the reasons an accident conversation with an insurance company deserves care.
North Carolina generally follows a contributory-negligence rule. The North Carolina Department of Insurance explains that if a driver contributes to an accident, that driver may be unable to collect damages on a liability claim.
That can make disputes about the circumstances of a collision significant.
Consider a hypothetical example:
You are stopped at an intersection and another vehicle strikes you from behind. The other driver’s insurer initially accepts responsibility.
Later, the insurer learns that you may have been making an unusual maneuver immediately before the crash and begins questioning whether your conduct contributed to the collision.
The issue may now involve more than simply proving that the other vehicle hit yours.
Evidence could include:
- Police reports
- Photographs
- Vehicle damage
- Witness statements
- Traffic-camera footage
- Dashcam footage
- Cellphone records where legally relevant
- Road markings
- Vehicle positions
- Statements from the drivers
The point is that fault can become a disputed factual and legal issue.
What If the Insurance Company Delays My Claim?
Insurance claims can take time because insurers may need to investigate liability, coverage, injuries, property damage, and other issues.
North Carolina law also regulates certain insurance claim settlement practices. North Carolina General Statute § 58-63-15 identifies practices involving, among other things, unreasonable delays, investigation, claim communications, and settlement efforts as unfair claim settlement practices when performed with sufficient frequency to indicate a general business practice.
The statute also specifically states that a violation of that subsection does not itself create a private cause of action for someone other than the Commissioner.
That distinction matters.
If you believe an insurer is mishandling your claim, you may have options, but you should not assume that every delay automatically creates a lawsuit against the insurer.
The North Carolina Department of Insurance has a consumer-assistance process for insurance disputes and can review certain complaints for compliance with applicable insurance laws and requirements.
The Department cannot, however, act as your attorney or decide every dispute about fault or the value of an injury claim.
Does Filing an Insurance Claim Stop the Legal Deadline?
Do not assume it does.
This is an important distinction between an insurance claim and a lawsuit.
You may spend months:
- Reporting the accident.
- Talking with adjusters.
- Receiving medical treatment.
- Collecting medical records.
- Negotiating a settlement.
- Providing documentation.
- Waiting for an insurer’s decision.
Those activities should not be treated as automatically extending or replacing a statute of limitations.
North Carolina General Statute § 1-52 contains a general three-year limitation period for specified civil actions, including certain personal injury and property-damage claims. However, the applicable deadline can depend on the type of claim and circumstances.
Special rules may apply to particular claims, defendants, or circumstances.
For that reason, do not calculate your legal deadline solely from an insurance adjuster’s statements or from a general internet article.
What Information Should I Have Before Talking to an Adjuster?
If you decide to communicate with the other driver’s insurance company, organize your information first.
Accident information
Have available:
- Date of accident
- Approximate time
- Location
- Driver names
- Vehicle information
- Police or crash report information
- Witness information
Insurance information
Keep:
- Other driver’s insurer
- Claim number
- Your own insurer
- Policy number
- Declarations page, if available
- MedPay information
- UM/UIM information
Medical information
Keep:
- Emergency-room records
- Doctor information
- Treatment dates
- Diagnoses
- Medical bills
- Prescriptions
- Physical therapy records
- Other treatment documentation
Financial-loss information
If applicable, maintain:
- Pay stubs
- Employer records
- Missed-work documentation
- Business records
- Other evidence of income loss
Accident evidence
Preserve:
- Photographs
- Video
- Dashcam footage
- Vehicle damage
- Repair estimates
- Witness information
- Relevant communications
Organizing these materials can make it easier to answer factual questions accurately and identify gaps that may need further investigation.
What If the Accident Happened in Raleigh or Wake County?
The same North Carolina legal principles generally apply in Raleigh and Wake County as elsewhere in the state.
However, local evidence can matter.
A Raleigh-area accident might involve:
- Traffic-camera footage
- Business surveillance
- Local witnesses
- Police reports
- Nearby vehicle cameras
- Roadway photographs
- Vehicle damage
- Medical records from local providers
Covington Law’s Raleigh personal injury practice represents clients in Raleigh, Wake County, and communities throughout North Carolina.
If your accident occurred on I-40, I-440, Capital Boulevard, Glenwood Avenue, Falls of Neuse Road, or another Raleigh-area roadway, preserving evidence quickly can be particularly important when traffic patterns, cameras, and witnesses may change.
Frequently Asked Questions (FAQs)
Should I talk to the other driver’s insurance company after an accident?
You generally should not ignore the insurer, but you should communicate carefully. Give accurate factual information, avoid speculation, and be especially cautious about recorded statements, broad medical authorizations, settlement offers, and releases.
Can the other driver’s insurance company record my statement?
An insurer may ask for a recorded statement as part of its investigation. A recorded statement can become part of the claim file, so if liability or injuries are disputed, consider obtaining legal advice before providing detailed recorded testimony.
What should I say to the insurance adjuster?
Stick to facts you know. Provide accurate information about the accident and your injuries, but do not guess, speculate, exaggerate, or minimize your condition.
Should I give the insurance company my medical records?
The insurer may request records relevant to an injury claim. Before signing a broad authorization, understand what information it permits the insurer to obtain and whether the request is appropriately limited.
What if the other driver’s insurance company says I was at fault?
Preserve evidence supporting your version of the accident. In North Carolina, contributory negligence can be significant, so a dispute over whether you contributed to the accident may require careful legal analysis.
Being contacted by the other driver’s insurance company after a car accident can feel routine, but what you say and agree to can affect how your claim is handled. You may need to provide basic information about the accident, but you do not necessarily have to make important decisions about a recorded statement, medical records, or a settlement before you understand your rights and the potential value of your claim.
If you were injured in a North Carolina car accident, consider speaking with an experienced personal injury attorney before accepting a settlement, signing a release, or making statements that could later be used to dispute your claim.
Covington Law can help you understand your options and take appropriate steps to protect your interests after an accident. Whether you are dealing with an insurance adjuster, medical bills, disputed liability, or questions about your potential compensation, getting legal guidance early may help you make informed decisions.
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