A phone rings two days after a fender bender on Roxboro Street. The caller says they are a friendly adjuster from the other driver’s insurance company, just hoping to “get your side of the story.” They sound polite, even helpful. You want to cooperate. You also want your car fixed and your medical bills covered without a long fight. That first conversation can shape your entire claim. It can also cost you money you will need later.
I have sat with people who thought they had done everything right, only to learn that a casual phrase they used in that first call became the reason the insurer cut their payout in half. Not every claim turns into a dispute, but the ones that do often hinge on what was said or shared early, before injuries were fully understood and before liability was clear. If you remember nothing else, remember this: insurers are trained to minimize risk and payout. Their priorities are not your priorities.
This guide walks through what to say, what to avoid, and how a Durham car accident lawyer approaches these calls to protect your claim. The advice is grounded in North Carolina law and the realities of how insurance companies operate in and around Durham.
Why the other driver’s insurer is calling you
North Carolina requires drivers to promptly report accidents to their own insurers, and insurers quickly open claim files. If the other driver reported the crash, their carrier wants information from you for two reasons: they want to verify the story, and they want to lock in facts favorable to them. That can mean pressing you on speed, distraction, seat belt use, prior injuries, or gaps in treatment. They are listening for admissions, even small ones, that might support a partial or full denial.
North Carolina still follows strict contributory negligence. If you are found even slightly at fault, you can be barred from recovering from the other driver. In practice, some claims still settle despite this doctrine, but the rule gives insurers leverage. A single, offhand remark about “I didn’t see them,” “I might have been going a little fast,” or “I looked down for a second” can morph into a contributory negligence argument that shrinks your claim to zero. Understanding that legal backdrop changes how you should approach every conversation.
What you are legally required to share, and what you are not
You have no legal duty to give a recorded statement to the other driver’s carrier. You also do not have to sign blanket medical authorizations or discuss your medical history with them. Your obligations differ with your own insurer, because your policy typically includes a duty to cooperate. With the other insurer, cooperation is optional and strategic.
There are times when sharing certain basics helps move things along, for example property damage repairs when liability is undisputed and you need a rental car. Even then, keep it narrow: your name, contact information, vehicle details, and the location and date of the crash. If they press for a recorded statement or details about fault or injuries, you can politely decline and refer them to your Durham car accident attorney if you have one, or tell them you will provide a written statement later.
The trap of recorded statements
A recorded statement seems harmless. In reality, it is the adjuster’s chance to shape the record before you know the full extent of your injuries or have reviewed the police report. Adjusters use structured questioning, repetition, and leading phrasing to elicit sound bites they can later quote. They might ask you to estimate distances or speeds without a frame of reference. They may ask the same question in slightly different ways to see if your answer shifts. Any small discrepancy becomes a credibility point against you.
Some callers will suggest that refusing a recorded statement will delay the claim. It might slow their process, but it does not prevent you from documenting damages and pursuing payment. If the carrier is serious about resolving property damage quickly, they can schedule an inspection and review photos without your recorded account. If they insist a recorded statement is necessary to “move forward,” that is a clue they are building a liability defense.
Timing matters more than most people think
Symptoms from car crashes evolve. Adrenaline masks pain. Soft-tissue injuries tighten overnight. Concussions surface as headaches, light sensitivity, or brain fog days later. I have seen clients tell an adjuster they felt “fine” the morning after the crash. By day three, they could barely turn their neck. The insurer later used that early “fine” comment to argue the treatment was unrelated or excessive.
The same goes for repairs. A quick visual estimate might miss frame damage, suspension problems, or airbag sensor issues. If the adjuster pushes for a fast agreement before your car reaches a body shop, slow it down. A thorough inspection protects you from the dreaded surprise call where the repair cost suddenly jumps and the carrier balks.
Speaking with confidence without overexplaining
Few people enjoy confrontational calls, especially when they want help with a stressful situation. There is a middle ground between combative and overly forthcoming. It looks like this: answer what is asked if it is basic and non-prejudicial, avoid volunteering theories or guesses, and hold your line when the questions go beyond what is appropriate.
If asked how the crash happened, a safe and accurate response might be, “I was traveling east on Duke Street within the speed limit when the other vehicle struck my passenger side at the intersection. The police responded and made a report. I am not comfortable giving a recorded statement.” You have given orientation without discussing speeds, distractions, or anything that can be spun into contributory negligence.
Photos, videos, and the oversharing problem
Phone photos have won and lost claims. Clear images of vehicle damage, skid marks, debris, and intersection sight lines are useful. So are timestamped photos of bruising or airbag burns. But not every photo should go to the opposing insurer, especially not immediately. Once you send a set of photos, they live in the claim file. If an image is ambiguous, it can be used against you.
Share photos strategically after you or your Durham car crash lawyer has reviewed them in context with the police report, witness statements, and repair estimates. I once had a case where a client sent a single close-up of a scuffed bumper. The insurer argued “minimal impact, minimal injury.” Shop photos later showed a compromised crash bar and bent trunk floor. The early first impression created unnecessary friction.
Medical authorizations and privacy
Carriers often mail broad medical authorization forms and ask you to sign so they can “confirm injury.” The forms usually allow them to pull five or seven years of records from any provider. That is far more than they need. If they find old chiropractic visits or a sports injury from college, they may argue your current pain is preexisting.
Your Durham car wreck lawyer will typically obtain your relevant records and bills and provide them in a targeted packet tied to the crash. This keeps the focus on causation and necessity for treatment. It also prevents fishing expeditions into unrelated health history.
The quiet power of the police report
In Durham, officers usually produce a DMV-349 report that includes diagramming, contributing circumstances, and sometimes a brief narrative. Insurers rely heavily on it when liability is straightforward, like rear-end collisions at a stoplight on Guess Road. But the report is not the last word. Officers do their best with limited time and conflicting accounts. If the report lists you as contributing, a careful review of intersection timing, light cycles, dashcam footage, or nearby cameras can sometimes overturn the initial impression.
Do not concede fault on the phone because the officer marked a box you dislike. Likewise, do not overstate your case. Point to objective items, like lane positions, damage patterns, or witness contact information, and let the record develop.
Property damage claims without compromising injury claims
Many people want to settle their property damage quickly, get a rental, and move on. You can often do that while preserving your bodily injury claim. Keep the streams separate. Provide what the property adjuster needs for the vehicle: VIN, mileage, shop information, and photos. If they want an overall statement that bleeds into fault and injury details, say that you are happy to discuss the car, and your attorney will handle injury questions, or you will address those in writing later.
If the car is a total loss, study the valuation report. Comparable vehicles in Durham and the Triangle vary in price. Small differences in trim package, mileage, or condition push the number up or down. If their comps are all from other counties or lack key features, ask for a revision. These tweaks can https://penzu.com/p/a49575caeed4039d add several hundred or even a few thousand dollars.
The subtle language traps that hurt claims
Three phrases come up often in transcripts that later get used to shrink settlements.
First, “I’m sorry.” In a human sense, it is an expression of empathy. In a claim file, it can look like an admission. Stick to describing what happened. You can be courteous without apologizing.
Second, “I’m fine.” What you really mean is “I’m safe at the moment.” If you are asked about injuries early, try, “I am still being evaluated,” or “I’m sore and will be seeing a doctor.” It is accurate and leaves room for developing symptoms.
Third, “I guess” or “I think.” Estimates about speed or distance are risky. Unless you are confident and certain, avoid guesses. Say, “I’m not comfortable estimating that,” and bring it back to what you know: your direction, the light you observed, that you were stopped, or that you had the right-of-way.
When a Durham car accident attorney makes the call instead
There is a real difference in the tone and content of communications once a lawyer enters the picture. Not because of magic words, but because adjusters know the conversation will be documented precisely, with an eye toward trial if necessary. A Durham car accident lawyer will usually notify all carriers, demand preservation of evidence like dashcam or surveillance footage, and route future communications through their office. They will gather medical records in an organized chronology, track wage loss with employer verification, and monitor treatment progression so the demand truly reflects the injury.
In some cases, the attorney may still allow a limited, non-recorded statement on property damage issues to speed repairs. On liability and injury, the attorney will typically decline statements and instead provide a written narrative anchored in the police report, photos, and witness accounts. The narrative is crafted to avoid language that opens the door to contributory negligence arguments.
Handling the first week after the crash
The first week sets the tone for everything that follows. Think in terms of documentation, evaluation, and controlled communication. Get medical care quickly if you have pain, stiffness, headaches, or dizziness. The ER or urgent care visit doesn’t have to diagnose everything on day one, but it does create a medical anchor point tied to the crash. Tell providers exactly how the injury occurred so they can record the cause.
Notify your own insurer promptly, but be factual and concise. Take photos of all vehicles, the scene, and any visible injuries. If a business or residence nearby has cameras aimed at the street, ask politely about footage retention and note whom you spoke with. Time matters; many systems overwrite within a few days.
When the other insurer calls, decide ahead of time what you are willing to share. A short, polite conversation that gives contact basics and declines a recorded statement is often best. If the call edges into fault or medical details, press pause. Tell them you will follow up in writing or have your attorney contact them.
How contributory negligence plays out in practice
Insurers in North Carolina know they can win outright on contributory negligence if they can pin even 1 percent of fault on you. Expect questions about speed, distraction, and traffic signals. In intersection crashes on Fayetteville Street or around Ninth Street, they might push on line-of-sight obstructions or whether you made a full stop before turning right on red. In rear-end crashes, they sometimes ask about sudden stops or brake lights.
Your best defense is consistency and the physical evidence. Was your brake light functioning? Did a shop or inspection confirm it? Were skid marks present that reflect the other driver’s late braking? Was your vehicle stopped in a queue or moving with the green? Did a nearby bus or box truck block a sight line? Details like these matter more than adjectives like “sudden” or “slow.”
Social media and casual conversations
Adjusters sometimes review public social media. A photo from a Durham Bulls game three days after a crash doesn’t prove you were pain-free, but it can be used to argue your injuries were minor. Privacy settings help, but screenshots travel. During active treatment, be mindful of what you post. The same goes for texts with the other driver or witness messages. Save them. Do not argue fault in messages that later end up in the claim file.
Settling too soon, and how to read a release
Low early offers are common when injuries are uncertain. The check looks tempting if bills are stacking up. Read the release, or have a Durham car crash lawyer read it. Most releases resolve all bodily injury claims from the crash forever, even if you later discover a herniated disc or need further treatment. Ask yourself whether your treatment has plateaued. If you are still receiving care or have a referral to a specialist, it is usually premature to settle.
There are times when an early property damage settlement makes sense while bodily injury remains open. Just ensure the document you sign is limited to property damage. If the language is broad or references “all claims,” send it back for revision.
Practical examples from Durham roads
A T-bone at Alston Avenue and Lawson. The client told the other insurer in a recorded statement that they “might have rolled” a right on red. The light timing data later showed they had a protected green arrow when the other driver ran a steady red. The early phrasing created months of resistance.
A rear-end on I-85 near the Cole Mill Road exit. The insurer claimed sudden stop. Shop photos showed ladder damage pattern consistent with the rear vehicle carrying unsecured equipment. A photo of the ladder in the bed, taken at the scene, tipped the liability discussion decisively.
A cyclist hit near the American Tobacco Trail crossing. The police report lacked a narrative about the driver’s line of sight. A store camera captured the driver looking down at a phone. The carrier initially asked for a recorded statement, which we declined. The preservation letter to the store saved the footage, which became the backbone of the claim.
These are ordinary facts with outsized impact. The key was not giving away ground early and allowing the evidence to catch up.
Working with your own insurer without undermining your claim
Your policy may include collision coverage, medical payments coverage, rental reimbursement, and uninsured or underinsured motorist protection. If the other carrier drags its feet, using your own coverage can get your car fixed and some bills paid while fault is sorted out. Your carrier can later seek reimbursement from the at-fault insurer.
Even with your own company, avoid speculation. Provide the facts, cooperate with vehicle inspections, and share medical documentation as required by your coverage. If you use medical payments coverage, keep track of what it paid, because it interacts with the final settlement and potential liens.
What a strong demand package contains
When the time is right, a Durham car accident attorney will gather a complete picture that goes beyond bills and diagnosis codes. The package typically includes the police report, photos, repair invoices or valuation, medical records and bills, a treatment chronology, wage loss documentation, and a narrative tying pain, limitations, and life impact to the crash. It connects dots, explains gaps, and anticipates defenses.
For example, if there was a six-day gap before the first doctor visit, the narrative explains why: weekend clinic hours, initial self-care, later worsening symptoms. If there is a preexisting condition, the package points to records showing baseline function before the crash and the measurable change afterward. The tone is professional and evidence-driven, which tends to land better with seasoned adjusters than outrage or hyperbole.
Two short checklists to keep you on track
- What to say if the other insurer calls: confirm your identity, get the caller’s name and claim number, provide basic contact and vehicle information, decline a recorded statement, and state that you will provide information in writing or through your attorney. Documents to gather in the first two weeks: police report number and a copy, scene and vehicle photos, names and contacts for any witnesses, medical visit summaries and bills, work notes for missed time, and any correspondence from insurers.
Red flags that signal you should call a Durham car accident lawyer
If the adjuster mentions contributory negligence, pushes hard for a recorded statement, or offers a quick settlement with a broadly worded release while you are still in treatment, you are in contested territory. If the police report is unclear or unfavorable, or if injuries are more than a few days of soreness, bring in a professional.
A Durham car accident attorney knows the local courts, the reputations of regional body shops and medical providers, and how Triangle-area carriers typically value claims. They can identify whether to negotiate or prepare for litigation, and they will protect you from the conversational traps that keep otherwise valid claims from reaching their true value.
Final thoughts grounded in experience
The insurance representative on the other end of the line is doing a job. Your job is to protect your health, your time, and your claim. Take care of your body first, document consistently, and choose your words with care. Share the basics, hold back what can wait, and resist the pressure to guess or rush. Durham roads are busy, claims are fact-intensive, and North Carolina’s contributory negligence rule gives carriers a strong tool. Discipline in the first calls, and steady evidence gathering, levels that playing field.
If you feel the conversation tilting away from the facts and toward pressure, stop it politely. Tell them you will follow up after you’ve reviewed the police report, or that your attorney will contact them. That single decision can save months of frustration and thousands of dollars. In my experience, it is the difference between a claim that lurches forward on the insurer’s terms and one that moves steadily on yours.