Where This Fits in the Claim Process
This usually happens during the investigation stage of a liability claim. The adjuster is saying the available information does not let the company accept responsibility yet, often because the drivers give different versions, there is no video, or the physical evidence has not been fully reviewed.
That does not end the claim. It means the record needs to be clearer and better documented before the insurer changes its position, or before a lawsuit is considered.
Practical Steps That Usually Help
- Control the communication: Keep a timeline of every call, letter, email, and claim update. If you speak with the adjuster, confirm the important points in writing and ask what specific information is missing. Avoid guessing, exaggerating, or filling in gaps you do not actually know.
- Protect the record: Gather and preserve photos of both vehicles, the trailer, the scene, debris, skid marks, and the point of impact if available. Keep your urgent care and follow-up treatment records together because same-day treatment and consistent follow-up can help show timing and support that the crash caused the reported injuries. If there were witnesses, get their names and contact information preserved promptly.
- Escalation options: If the file stalls, a written follow-up asking for a supervisor review can help clarify whether the issue is missing evidence, a credibility dispute, or a contributory negligence argument. If the insurer still will not accept liability, a North Carolina attorney can evaluate whether additional investigation, a demand package, or filing suit makes sense.
Common Mistakes to Avoid
- Giving a rushed recorded statement without understanding how your words may be used later. If you want more detail on that issue, see whether to give a recorded statement to the liability adjuster.
- Assuming "cannot determine fault" is a final legal ruling. It is usually just the insurer's current claim position.
- Ignoring North Carolina's contributory negligence rule. In this state, the defense may argue that even slight fault by the injured person bars recovery, and the party asserting contributory negligence has the burden to prove that issue.
- Letting evidence go stale. Photos, witness memories, and vehicle condition can change quickly.
- Posting about the crash or your injuries on social media in a way that creates inconsistent impressions.
How This Applies
Apply to the facts here: If a vehicle pulling a trailer turned in front of you and your vehicle struck the end of the trailer, the insurer may be treating this as a visibility, timing, or right-of-way dispute rather than accepting fault outright. Your same-day urgent care visit, later doctor follow-up, and short light-duty period can help document that the incident was reported promptly and had real effects, but the liability side still depends on proving how the turn happened and addressing any claim that you could have avoided the impact. In a case like this, the next useful step is often a focused written submission that organizes the scene facts, vehicle damage, treatment timeline, and any witness or photo evidence in one place.
Conclusion
When an insurer says it cannot determine fault, the practical response is to tighten the evidence, document communications, and address any contributory negligence argument early. In Durham and across North Carolina, that often means organizing the scene proof, witness information, and treatment timeline into a clear record. The next step is to preserve your evidence and have a licensed North Carolina attorney review the liability issues before more time passes.
