In North Carolina, an insurance denial based on “partial fault” often means the insurer is raising contributory negligence—an argument that can completely bar your injury claim if a jury finds you were even 1% at fault. You can still push back by gathering better evidence than what’s in the police report, making a documented demand, and (if needed) filing a lawsuit before the deadline so a court can decide fault. While the liability fight is ongoing, you can often use your own auto coverages (like Medical Payments coverage) to help with medical bills, but you should be careful about notice requirements and reimbursement issues.
If you were hurt in a North Carolina car crash and the other driver’s insurance company denies your claim because it says you were partly at fault for failing to yield (based on the police report), you’re likely asking what steps you can take next to keep pursuing compensation while you are still treating.
North Carolina follows a strict rule called contributory negligence in most negligence-based car wreck cases. In plain English: if the other side proves you were negligent and your negligence contributed to the crash, you can be barred from recovering damages from the other driver for your injuries. That is why insurers often deny claims by arguing you “failed to yield” or otherwise contributed to the collision.
Importantly, an insurance adjuster’s denial is not a court decision. It is the insurer’s position. If the claim cannot be resolved through evidence and negotiation, the formal way to force a decision is to file a civil lawsuit in the appropriate North Carolina trial court (typically Superior Court) before the statute of limitations expires.
Also, while you pursue the liability claim, your own auto policy may provide first-party benefits (such as Medical Payments coverage). Those benefits can help keep treatment moving, but using them can create follow-up issues (like reimbursement from any settlement), so it’s smart to coordinate billing carefully.
Apply the Rule to the Facts: Here, the other driver’s insurer is denying liability and pointing to the police report to argue you failed to yield and were at least partially at fault. In North Carolina, that “partial fault” argument matters because contributory negligence can bar recovery, so the practical focus becomes (1) developing evidence that the other driver caused the crash and (2) undermining the claim that you failed to yield or that any alleged failure contributed to the collision. Because you are still treating and worried about bills, you also need a plan to keep medical care documented and paid while the liability dispute is pending, including whether to use Medical Payments coverage under your own auto policy.
If the other driver’s insurer denies your claim by saying you were partially at fault, that is a serious issue in North Carolina because contributory negligence can bar recovery if the defense proves your fault contributed to the crash. Your next step is to build evidence that addresses the “failed to yield” allegation and, if the insurer will not reconsider, preserve your rights by filing a negligence lawsuit in the proper North Carolina court within three years of the crash.
If you're dealing with a denied car accident claim based on alleged partial fault, our firm has experienced attorneys who can help you understand your options, gather the right evidence, and track critical deadlines while you focus on treatment. Call [CONTACT NUMBER] to talk about next steps.
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.
