Short Answer

In North Carolina, a police response helps, but it does not automatically force an insurance company to accept fault. Your next steps are to get the crash report, preserve other evidence (photos, witness info, vehicle damage documentation), and give the insurer a clear, consistent written statement supported by that evidence. Because North Carolina follows strict contributory negligence rules, even a small allegation that you contributed to the crash can affect an injury claim—so it is important to document the lane-change facts and any injuries promptly.

Understanding the Problem

If you were driving in North Carolina and the police came to the scene after another driver moved into your lane and sideswiped your driver’s side, you may wonder what you can do when the insurance company still says fault is “disputed.” The practical issue is that insurers often make their own liability decision based on what they can prove, not just on the fact that an officer responded. This article explains what steps you can take to strengthen a fault determination and protect both a property-damage claim and a possible injury claim.

Apply the Law

In North Carolina, fault in a car crash is usually evaluated under negligence principles. Insurance companies investigate and decide whether they accept liability, deny liability, or split fault based on the information they have. A law enforcement crash report can be important evidence, but it is not always the final word, and some parts of crash reporting are restricted from being used as proof of negligence in a civil case.

Two North Carolina rules matter a lot in “fault dispute” situations: (1) North Carolina’s contributory negligence doctrine (if the insurer can credibly argue you contributed to the crash, it may deny an injury claim), and (2) the rules about crash reports and what parts can or cannot be used as evidence. Also, you should be careful about signing releases when resolving property damage, because a release can sometimes be written broadly enough to affect injury claims if you are not careful.

Key Requirements

• Document the liability facts: Preserve evidence showing the other driver changed lanes into you (photos of final positions, damage patterns, lane markings, debris, and any nearby cameras).
• Get the official crash report: Obtain a copy of the law enforcement report and check it for accuracy (vehicles, directions, lane descriptions, contributing circumstances, and listed witnesses).
• Provide consistent, supported information to insurers: Give a clear written narrative and attach supporting documents; avoid guessing or overstating what you did not see.
• Address contributory negligence risk early: Anticipate common allegations (speeding, drifting, unsafe passing, distraction) and gather proof that counters them.
• Separate property damage from injury issues: Do not assume a property payment resolves (or proves) bodily injury liability; read any release carefully.
• Protect the injury side of the claim: If you believe you were hurt, get medical evaluation and keep records; delayed treatment can make causation harder to prove.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Crash reports; investigation; copies) - Requires investigation and a written report for reportable crashes and explains how reports are handled and obtained.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence as a defense.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission; release limits) - Explains that settling property damage is not an admission of liability and does not automatically release injury claims unless the written settlement says so.
• N.C. Gen. Stat. § 20-279.11 (Certain accident report/financial responsibility matters not evidence) - Limits use of certain accident report/financial responsibility information as evidence of negligence or due care.

Analysis

Apply the Rule to the Facts: Here, you report a lane-change sideswipe with damage along the driver’s side doors, and police responded. That fact pattern often turns on physical evidence (where the impact started, scrape direction, and lane positioning) plus any independent witnesses or video. Because you believe you had injuries but did not see a doctor, the insurer may also argue your injuries were minor or unrelated, so documenting symptoms and getting appropriate medical evaluation can matter even while fault is being debated.

Process & Timing

1. Who files: You (the driver/claimant) opens the claim with the at-fault driver’s insurer and, if applicable, your own insurer. Where: With the insurance adjusters; for the crash report, through the North Carolina Division of Motor Vehicles (DMV) or the investigating law enforcement agency. What: Request the crash report and provide a written statement, photos, repair estimates, and witness details. When: As soon as possible while evidence is fresh.
2. Build a “fault packet”: Send the insurer a short timeline, labeled photos, a diagram of lanes, and a damage explanation (for example, why a sideswipe pattern supports that the other vehicle moved into your lane). Ask the adjuster to confirm in writing what additional information they need to complete liability.
3. Escalate if needed: If the insurer continues to dispute fault, ask for a supervisor review and provide any new evidence (witness statement, video, additional photos, updated report). If injuries are involved, consider speaking with a North Carolina personal injury attorney before giving recorded statements or signing releases.

Exceptions & Pitfalls

• Police report limits: A crash report can help, but insurers may still dispute fault, and some parts of crash reporting are restricted from being used as proof of negligence in court.
• Contributory negligence arguments: In North Carolina, insurers often look for any basis to claim you contributed (even slightly). Avoid casual statements like “I might have drifted” or “I didn’t see them” if you do not actually know.
• Recorded statements: A recorded statement given too early can lock you into details you later learn are wrong (lane positions, speed, point of impact). If you give one, keep it factual and do not guess.
• Property damage release language: Even though property damage settlements do not automatically release injury claims, a written settlement can be drafted to release more than you intended. Read every release carefully before signing.
• Delayed medical care: If you believe you were injured, waiting too long to get evaluated can give the insurer an opening to argue your symptoms came from something else.
• Gaps in documentation: Not photographing both vehicles, not identifying witnesses, or repairing the vehicle before documenting damage can make a sideswipe harder to prove.

Conclusion

In North Carolina, a police response is helpful, but it does not automatically resolve a fault dispute with an insurance company. The most effective approach is to obtain the official crash report, preserve and organize evidence that supports the lane-change sideswipe, and present a consistent written claim while avoiding statements that invite contributory negligence arguments. As a next step, request the crash report and send the insurer a written liability summary with your photos and witness information as soon as you can.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina crash where police responded but the insurance company is still disputing fault, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (800) 333-4444.

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.