Short Answer

In North Carolina, the insurer may try to deny your claim by arguing you were at fault for pulling out, because even small fault can bar recovery under contributory negligence. Fault is not decided by the police report or an insurer’s opinion alone—it turns on evidence like right-of-way, speed, lookout, and crash mechanics. You can contest liability with proof that the other driver violated traffic laws or had the last clear chance to avoid the crash. If a settlement fails, you generally have three years to file suit.

Understanding the Problem

You want to know whether you can dispute a North Carolina insurer’s claim that you caused a crash by pulling out in front of another driver. The decision point is: can you contest fault and pursue compensation despite the allegation? You are the injured driver, and you already have a police report but disagree with its conclusions. The focus is contesting liability with the insurer and, if needed, in court.

Apply the Law

North Carolina uses ordinary negligence rules to decide fault in car crashes: each driver must use reasonable care (obeying right-of-way, speed, and lookout). Violating traffic laws can be strong evidence of negligence. North Carolina also follows contributory negligence, which means if you were even slightly at fault, the insurer will try to deny your claim—unless an exception like last clear chance applies. Disputes can be resolved through claims handling or, if needed, a lawsuit in the General Court of Justice (District or Superior Court). The general deadline to file a personal injury lawsuit is three years from the crash.

Key Requirements

• Duty: Each driver must keep a proper lookout, yield as required, and drive at a safe speed for conditions.
• Breach: A driver violates that duty by ignoring right-of-way, running a stop sign or light, speeding, or making unsafe movements.
• Causation: The breach must be a proximate cause of the collision, shown through evidence like vehicle damage, skid marks, scene layout, and witness accounts.
• Damages: You must prove losses (medical treatment, wage loss, vehicle damage, pain) tied to the crash.
• Defenses: Contributory negligence can bar recovery, but exceptions like last clear chance may still allow recovery if the other driver could have avoided the crash.
• Forum & Deadline: Claims can be settled with insurers or filed in the General Court of Justice; most injury claims must be filed within three years.

What the Statutes Say

• North Carolina Gen. Stat. § 20-155 (Right-of-way and left turns) - Drivers turning left must yield to oncoming traffic; right-of-way rules at intersections apply.
• North Carolina Gen. Stat. § 20-158 (Stop and yield signs; signals) - Drivers must stop or yield as posted and obey traffic signals before entering an intersection.
• North Carolina Gen. Stat. § 20-141 (Speed restrictions) - Sets basic speed rules and requires speed reduction for conditions to avoid collisions.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Most personal injury claims must be filed within three years.

Analysis

Apply the Rule to the Facts: Both drivers owed duties to keep a lookout, follow signals, and yield as required. The insurer’s claim that you “pulled out” challenges the breach element, but that must be tested against evidence such as signal timing, impact points, sight lines, and speed. If the other driver ran a light, sped, or failed to keep a lookout, that supports your position on breach and causation. You will still need to document damages through medical records, repair estimates, and related proof, while being mindful that contributory negligence is a potential defense.

Process & Timing

1. Who files: You (or your attorney). Where: First with the other driver’s insurer; also notify your own insurer to preserve UM/UIM rights. What: Claim notice, photos, medical records, repair estimates; avoid recorded statements to the other driver’s insurer without advice. When: Start promptly; the lawsuit deadline is generally three years from the crash.
2. Investigation: Collect the police report, scene photos, vehicle damage photos, 911 audio if available, and names of witnesses. Request nearby video quickly because it may be overwritten within days or weeks. Consider a reconstruction analysis if speed or sight distance is disputed.
3. If denied or undervalued: File a Complaint and Civil Summons in the North Carolina General Court of Justice (through the Clerk of Superior Court) in the county where the crash occurred or the defendant resides. Service follows, then discovery and, in many cases, court-ordered mediation.

Exceptions & Pitfalls

• Contributory negligence: Any fault assigned to you can bar recovery; develop evidence on the other driver’s speed, lookout, signals, and lane position to counter it.
• Last clear chance: Even if you erred, you may recover if the other driver had a clear opportunity to avoid the crash and failed to take it.
• Evidence loss: Delay risks losing video, vehicle data, or witness memories; send preservation requests early.
• Recorded statements: You are not required to give one to the other driver’s insurer; inconsistent statements can harm your case.
• Medical gaps and releases: Gaps in treatment or signing broad releases too early can undermine causation and damages.
• Special timelines: Different rules can apply for minors or government-related claims; procedures and deadlines can change.

Talk to a Personal Injury Attorney

If you’re dealing with a disputed-fault crash where the insurer says you pulled out in front, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 for a free, no-pressure consultation.

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.