Short Answer

Yes—if you can prove the other driver was at fault and you were not, the other driver’s liability insurer should pay for your repair costs (and related property damage) up to the policy limits. In North Carolina, even slight fault by you can bar recovery because of contributory negligence, so clear evidence matters. If the insurer denies the claim, you can sue the at-fault driver and the insurer must pay any covered judgment.

Understanding the Problem

In North Carolina, can you make the other driver’s insurance company pay to fix your car after a crash? You are the vehicle owner seeking payment for property damage only. Your car was hit while you were in a turn lane. You want to know if and how you can recover repair costs when the other driver disputes fault and your own insurer will not cover it.

Apply the Law

Under North Carolina law, you recover property damage from the other driver’s insurer only if their insured is legally liable for the crash and you are not contributorily negligent. The main forum is a third-party insurance claim; if the insurer denies liability or won’t pay, you file a civil case against the at-fault driver in Small Claims, District, or Superior Court depending on the amount. The core deadline for filing suit is generally three years from the crash date.

Key Requirements

• Liability: Show the other driver breached a traffic duty (for example, unsafe passing) and caused the collision.
• No contributory negligence: In North Carolina, if you were even slightly at fault, recovery can be barred unless a narrow exception applies.
• Causation: The crash must be the factual and legal cause of your vehicle damage.
• Damages: Prove repair costs, total loss value, diminished value (if applicable), and loss of use (e.g., rental) with estimates, photos, and receipts.
• Coverage available: The other driver must have liability insurance with property-damage limits; otherwise you may need to sue or use your own coverage options.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor Vehicle Liability Policy) - Requires auto liability policies to pay sums the insured is legally obligated to pay for covered damages, including property damage, up to policy limits.
• North Carolina Gen. Stat. § 1-52(16) (Three-Year Limit for Property Damage) - Sets a three-year statute of limitations for physical damage to property claims.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair Claim Settlement Practices) - Establishes standards for insurer claim handling; helpful if claim handling is unreasonable.

Analysis

Apply the Rule to the Facts: You report being hit while in a turn lane and the other driver attempted to pass. That supports liability against the passing driver, but the other driver says you turned in front of them, which raises a contributory negligence argument. Obtaining the police report, photos, lane markings, and any witness statements will be key to show you did not contribute. Because your losses are property-only, you can focus your proof on repair estimates, any diminished value, and reasonable loss-of-use.

Process & Timing

1. Who files: You (the vehicle owner). Where: Start with a third-party claim to the at-fault driver’s insurer; if denied, file suit in the proper North Carolina court (Small Claims for lower amounts, District Court for higher). What: Submit a claim with the police report number, photos, repair estimates, and proof of ownership and loss; if suing, file a civil complaint for property damage. When: File any lawsuit within 3 years of the crash.
2. Insurer investigates and accepts, negotiates, or denies. This can take a few weeks depending on report availability and inspections. If liability is disputed, send a concise demand letter summarizing evidence and damages.
3. If unresolved, file in court, serve the at-fault driver, conduct limited discovery if needed, and seek a judgment for repair costs (and related property losses). If you win, the insurer pays up to policy limits.

Exceptions & Pitfalls

• Contributory negligence bar: Even slight fault by you can defeat the claim; carefully document lane use, signals, and right-of-way.
• Recorded statements: Give facts, not guesses; avoid speculative admissions that can be used to argue you shared fault.
• Releases and checks: Read any release before cashing a check; it may waive diminished value or other property claims.
• Evidence gaps: Get the police report, photos of lane markings, and written repair estimates; missing proof slows or sinks claims.
• Coverage issues: If the other driver is uninsured or limits are too low, consider your own collision or uninsured motorist property damage coverage if you have it.

Talk to a Personal Injury Attorney

If you're dealing with a disputed property-damage claim after a North Carolina car crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.