Short Answer

You can still investigate and pursue the claim, but the police report creates a real problem that should be addressed early. In North Carolina, contributory negligence can be raised as a defense, and an insurer may use the report to argue that your own conduct helped cause the crash. A police report is important evidence, but it does not automatically decide fault or end a child passenger’s injury claim.

Why the Police Report Matters, But Is Not the Final Word

After a Durham car accident, the police report is often one of the first documents insurance adjusters review. It may identify drivers, vehicles, insurance information, roadway conditions, witnesses, citations, and the officer’s view of contributing circumstances. If the report says both drivers contributed to the crash, the insurance company may treat that as a reason to delay, reduce, or deny payment.

That does not mean the report is always complete or correct. Officers usually arrive after the crash. They may have to rely on what the drivers and witnesses say at the scene. Sometimes one driver is taken for medical care, shaken up, or unable to give a clear statement. The report may not include nearby video, dash camera footage, vehicle damage patterns, phone records, roadway defects, or later-discovered witness information.

North Carolina law requires investigation and reporting for certain reportable crashes. N.C. Gen. Stat. § 20-166.1 explains crash reporting requirements and also makes clear that reports are handled through specific legal rules. In plain English: the report is important, but the legal effect of any part of it can depend on evidence rules, the facts, and how the claim is presented.

North Carolina Contributory Negligence Makes This Issue Serious

North Carolina follows a contributory negligence rule. In a personal injury claim, if the defense proves that the injured person’s own negligence helped cause the crash and injury, that can create a major barrier to recovery. This is why a statement in the report saying you contributed to the wreck should not be ignored.

However, the other side does not get to win simply by pointing at the police report. N.C. Gen. Stat. § 1-139 states that the party asserting contributory negligence has the burden of proving that defense. In practical terms, the evidence should address both parts of the issue: what the other driver did wrong and why your actions were reasonable under the circumstances.

Common examples of disputed fault in a Durham car accident may involve lane changes, turning movements, following distance, speed, traffic signals, distracted driving, failure to yield, or conflicting witness accounts. The key question is not just what the report says. The key question is what the full evidence can prove.

Steps to Take If the Report Says You Were Partly at Fault

If you believe the report is wrong or incomplete, take organized steps rather than arguing with the insurer based only on memory. Helpful steps may include:

• Get the complete crash report. Review all pages, diagrams, codes, listed contributing circumstances, witness names, vehicle positions, and insurance information.
• Write down your own timeline. Include where you were coming from, lane position, traffic signal status, speed, weather, lighting, and what you saw before impact.
• Preserve photos and video. Save scene photos, vehicle damage photos, dash camera footage, nearby business or home camera locations, and any screenshots related to the crash.
• Identify witnesses quickly. Witness memory can fade, and video can be overwritten. Names and contact information matter.
• Keep medical and damage records. Save medical records, bills, visit summaries, repair estimates, towing bills, rental car records, and out-of-pocket receipts.
• Check for citations or charges. A citation is not the same as a civil judgment, but it may affect how the insurer evaluates the claim.
• Ask whether a supplement is possible. If the officer missed objective information, you may be able to provide documentation and ask the investigating agency whether a supplemental report is appropriate. The agency may not change the report simply because you disagree.

Be careful with detailed recorded statements to insurance companies while the fault issue is unclear. You do not need to guess, fill in gaps, or adopt the adjuster’s wording. If you are unsure, it is reasonable to get legal guidance before giving a detailed statement about how the crash happened.

Can You Recover for Injuries or Vehicle Damage?

Possibly, but it depends on the evidence. For a bodily injury claim, the usual issues include fault, causation, insurance coverage, medical documentation, and damages. Damages may include medical expenses, lost income, pain and suffering, future care if supported, and other out-of-pocket losses. For vehicle damage, the claim may involve repair cost, total loss issues, towing, storage, rental, and related documentation.

If the insurer believes you contributed to the crash, it may deny the bodily injury claim, the property damage claim, or both. That denial is not always the end of the matter. It may be possible to challenge the insurer’s position with photographs, physical evidence, witness statements, traffic camera information, vehicle damage analysis, or a clearer explanation of the traffic laws involved.

Timing also matters. For many North Carolina personal injury and property damage claims, N.C. Gen. Stat. § 1-52 provides a three-year filing period. This is a general rule, and specific facts can change the analysis. Claim discussions with an insurance adjuster do not automatically extend the deadline to file a lawsuit.

What If a Child Was Injured and the Insurance Companies Dispute Fault?

A child’s injury claim should be evaluated separately from the adult driver’s claim. If the police report says an adult driver contributed to the crash, that does not automatically mean a child passenger caused or contributed to the child’s own injuries. A minor passenger often has no control over how a vehicle is driven.

If an insurer argues that a child was somehow negligent, North Carolina applies different considerations for minors than for adults. Age, capacity, experience, and ability to appreciate danger may matter. For children in certain age ranges, the law recognizes that a child may not be held to the same standard as an adult. The insurer’s broad statement that fault is disputed should not be treated as the final answer to a child’s claim.

Minor injury claims can also involve added steps, including who may bring or resolve the claim and whether court approval is needed for a settlement. If a child was hurt in the crash, it is important to keep the child’s medical records, bills, school absence information, and any documentation showing how the injury affected daily activities, without exaggerating or guessing.

How This Applies to a Report Listing Both Drivers as Partly at Fault

In the situation described, the report lists both drivers as partly responsible for a North Carolina car accident. That creates two separate tasks. First, the adult injury and vehicle damage claims need evidence showing why the other driver’s negligence caused the crash and why the injured person’s conduct was reasonable. Second, the child’s claim should be reviewed on its own facts, especially if the child was a passenger and did not control either vehicle.

The most practical next step is to build a clean evidence file. Do not rely only on the crash report, and do not assume the insurer’s first fault decision is permanent. At the same time, do not ignore the risk. In North Carolina, even a small alleged act of contributory negligence can become a central issue in a car accident claim.

Information to Gather Before You Challenge the Fault Finding

Before asking an insurer or investigating agency to reconsider fault, gather the strongest available information. Useful items often include:

• The full police report and any later supplement.
• Photos of all vehicles before repairs or salvage.
• Photos of the intersection, lane markings, skid marks, debris, signs, and traffic controls.
• Names and contact information for witnesses.
• Dash camera, doorbell camera, business camera, or traffic camera leads.
• Medical records that connect the injuries to the crash.
• Repair estimates, total loss paperwork, towing bills, and rental records.
• All letters, emails, texts, and claim notes from insurance adjusters.
• Any citations, court dates, or dismissal paperwork related to the crash.

Organizing these materials helps separate facts from assumptions. It also helps identify whether the report contains a factual error, a missing witness, an unclear diagram, or an opinion that can be challenged with better evidence.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help when a police report, insurance adjuster, or other driver says you contributed to a Durham car accident. The work may include reviewing the crash report, identifying missing evidence, evaluating contributory negligence concerns, communicating with insurers, and helping organize injury and property damage documentation.

For a child’s injury claim, the firm can also help separate the child’s claim from the adult fault dispute and explain the added steps that may apply to claims involving minors. No attorney can promise that an insurer will change its position, but a careful review can help you understand the strengths, risks, deadlines, and next steps.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.