Short Answer

In North Carolina, focus on clear, factual details you personally observed: who, where, when, how the crash happened, traffic controls, your lane/position, speeds and distances as estimates, weather/visibility, your evasive actions, injuries, and witnesses. Avoid opinions, blame, or speculation—North Carolina’s contributory negligence rule means even small admissions can harm your claim. Submit your narrative in writing after you and your attorney review the police report and photos.

Understanding the Problem

You are deciding what to include in a written accident narrative for an insurance adjuster in North Carolina. You want to know how to present the facts so the insurer can reassess liability without a recorded statement. Here, the other driver’s insurer has already leaned against you based on the report and photos, and your attorney suggested you provide a written account for review first.

Apply the Law

Under North Carolina law, you generally do not have to give a recorded statement to the at-fault driver’s insurer. A written narrative lets you control accuracy and avoid misstatements. Because North Carolina follows contributory negligence, anything suggesting you shared fault can jeopardize recovery. The insurer’s claims process is the forum for your statement; there is no formal filing deadline for a narrative, but your overall claim is constrained by the statute of limitations (most personal injury claims have a three-year time limit; wrongful death is generally two years).

Key Requirements

• Stick to firsthand facts: Describe only what you saw, heard, and did, in your own words.
• Timeline and sequence: Start before the crash (your lane, direction, speed), then the moments of impact, then immediately after.
• Traffic controls and right-of-way: Identify signals, signs, lane markings, and who had the right-of-way.
• Positions, speeds, and distances: Use estimates and landmarks; identify the point of impact and damage areas.
• Conditions and visibility: Note weather, lighting, obstructions, road surface, and sight lines.
• Evasive actions and injuries: Explain any braking/steering to avoid collision and when symptoms started and progressed.
• Witnesses and evidence: Mention any independent witnesses, cameras, or photos that support your account.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation for most negligence claims) - most personal injury claims must be filed within three years of the incident.
• North Carolina Gen. Stat. § 20-166.1 (Crash reports and investigation) - sets rules for officer crash reports and how crashes are documented.

Analysis

Apply the Rule to the Facts: Because the insurer relied on the police report and photos to deny liability, your narrative should fill gaps: clarify traffic signals or signs, your lane position and speed as estimates, visibility limits, and any evasive actions. Identify independent witnesses or cameras not noted in the report. Describe when and how symptoms began. Keep to measurable facts, because in North Carolina even minor admissions toward fault can defeat a claim under contributory negligence.

Process & Timing

1. Who files: You or your attorney. Where: Submit to the insurance adjuster via secure portal or email. What: A dated, signed narrative with a simple diagram, labeled photos if available, and witness details. When: After reviewing the police report; ideally within a few weeks, while tracking your overall statute of limitations.
2. The adjuster reviews and may request clarifications or additional documentation (medical records, repair estimates). This can take days to a few weeks, depending on the file and county-specific practices.
3. Based on the narrative and evidence, the insurer may reassess liability. If liability improves, negotiations on damages follow; if not, your attorney may file suit in the proper North Carolina court before the limitations period expires.

Exceptions & Pitfalls

• Contributory negligence risk: Avoid language implying you shared blame (e.g., “I wasn’t paying attention”). Even small admissions can bar recovery.
• Speculation: Do not guess speeds, distances, or what the other driver “must have been doing.” Label numbers as estimates.
• Inconsistencies: Align your narrative with objective evidence (report, photos, medical records). Explain any discrepancies briefly and factually.
• Recorded statements: Do not give a recorded statement to the other driver’s insurer unless your attorney approves. A written narrative is safer and more precise.
• Wrong insurer: Your own policy may require cooperation; the at-fault driver’s insurer does not. Confirm who is asking.
• Overbroad releases: Do not attach medical records or sign authorizations unless advised by counsel.

Talk to a Personal Injury Attorney

If you're dealing with an insurer that questioned liability and asked for your version of events, our firm has experienced attorneys who can help you shape a clear, accurate narrative and protect your claim timeline. Reach out 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.