Short Answer

In North Carolina, you challenge a wrongful at-fault finding by disputing the insurer’s surcharge under the Safe Driver Incentive Plan and, if needed, escalating to the Department of Insurance. If a moving violation or conviction is driving the surcharge, you may need to reopen the traffic case through a Motion for Appropriate Relief and get your driving record corrected. You can also ask the investigating agency to issue a supplemental crash report. Act promptly because insurer appeal windows and court deadlines are short.

Understanding the Problem

In North Carolina, can you get your insurer to remove a surcharge when a crash report lists you at fault but you believe that’s wrong? The goal is to reverse the at-fault designation that is raising your premium. Here, the crash report says you ran off the road. You want the insurer to treat you as not at fault and clear any resulting moving violation from your record if it’s incorrect.

Apply the Law

North Carolina uses the Safe Driver Incentive Plan (SDIP) to assign surcharge points after “chargeable” accidents or certain convictions. A crash is typically chargeable only if you were primarily at fault and the damage or injury meets a specific threshold. A police crash report is not conclusive; it is one piece of evidence. If a conviction or moving violation is on your record, that can independently trigger points unless you get the court to change the disposition. The main forums are: your insurer’s internal review, the N.C. Department of Insurance for an external complaint, and the District Court (through the Criminal Division of the Clerk of Superior Court) to correct a traffic case.

Key Requirements

• Dispute the surcharge with your insurer: Send a written challenge explaining why the accident is not chargeable under SDIP and include evidence.
• Show you were not primarily at fault or below the SDIP threshold: Use photos, scene diagrams, repair estimates, medical bills, and witness statements.
• Fix any traffic case outcome driving the points: If you were convicted, consider a Motion for Appropriate Relief (MAR) to set aside, amend, or correct the judgment.
• Request a supplemental crash report: Ask the investigating agency to add or correct facts if the DMV-349 is inaccurate.
• Escalate to the N.C. Department of Insurance: If the insurer won’t remove the points after review, file a complaint for an external investigation.

What the Statutes Say

• North Carolina Gen. Stat. § 58-36-65 (Safe Driver Incentive Plan) - Sets surcharge rules for at-fault accidents and certain convictions.
• North Carolina Gen. Stat. § 20-166.1 (Accident reports) - Governs police crash reports and reporting duties.
• North Carolina Gen. Stat. § 15A-1414 (Motion for Appropriate Relief within 10 days) - Allows post-judgment relief shortly after entry of judgment in district court.
• North Carolina Gen. Stat. § 15A-1415 (Motion for Appropriate Relief after 10 days) - Allows limited post-judgment relief after the initial period.

Analysis

Apply the Rule to the Facts: Your premium increase appears tied to a chargeable accident finding and a moving violation based on the report that you “ran off the road.” To remove the surcharge, show the insurer the accident is not chargeable under SDIP by disputing fault and, if applicable, the damage threshold. Because a moving violation is on your record, consider a MAR to correct that court disposition; if the conviction changes or is dismissed, the insurer should recalculate. Ask the investigating agency for a supplemental report, then give the updated documentation to your insurer and, if needed, the Department of Insurance.

Process & Timing

1. Who files: You (policyholder/driver). Where: Your insurer’s claims or underwriting department. What: Written dispute with evidence (photos, estimates, medical bills, witness statements, and any supplemental crash report). When: By the appeal date stated in your surcharge notice; act immediately if no date is shown.
2. If the insurer denies or stalls: File a complaint with the North Carolina Department of Insurance Consumer Services. Provide the denial letter, policy number, and all evidence. Expect several weeks for investigation; timing varies by case.
3. If a conviction is driving the points: File a Motion for Appropriate Relief in the county where the case was handled. Where: Criminal Division, Clerk of Superior Court. What: Written MAR citing § 15A-1414 (within 10 days of judgment) or § 15A-1415 (after 10 days, limited grounds), plus supporting evidence. When: File within 10 days if possible; if later, consult counsel on available grounds.
4. Crash report correction: Contact the investigating police agency and request a supplemental crash report if facts were recorded incorrectly. Provide any new evidence (witness contact, photos, scene measurements, repair data).
5. Finalize with insurer: Send the insurer the supplemental report and any certified court order changing your traffic disposition. Ask for written confirmation of surcharge removal and updated premium at the next billing cycle.

Exceptions & Pitfalls

• If the accident meets SDIP’s damage/injury threshold and you were primarily at fault, the surcharge will likely stand.
• A police crash report is influential but not final; insurers can reconsider if you supply better evidence. Don’t wait to gather photos, witness statements, and repair documentation.
• A conviction on your record can keep points in place even if the crash report changes. You need a new court disposition to change that.
• Deadlines differ by insurer and issue; keep every notice, note dates, and respond in writing.
• If you were an unlisted driver in someone else’s vehicle, rating rules may still raise premiums even without an at-fault accident; address both issues in your dispute.

Talk to a Personal Injury Attorney

If you're dealing with a wrongful at-fault finding that’s raising your North Carolina auto insurance rates, 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.