Short Answer

Yes. You can usually start exploring a North Carolina personal injury claim even if you are not sure who was at fault, but the claim will need evidence that another person’s negligence caused your injuries. The main caveat is that North Carolina’s contributory negligence rule can create serious problems if the insurance company argues that your own conduct helped cause the crash.

Uncertain Fault Does Not Mean You Have No Claim

After a motor vehicle accident, it is common for people to feel unsure about fault. Crashes happen quickly. Drivers may remember different details. A police report may not be ready yet. An insurance adjuster may say one thing while witnesses say another.

Not being sure who was at fault does not, by itself, prevent you from bringing a claim. It means the claim needs to be investigated carefully before anyone accepts blame, gives a detailed recorded statement, or assumes the insurer’s first position is correct.

In a North Carolina personal injury claim, the basic question is whether another person failed to use reasonable care and whether that failure caused injury. In a Durham car accident, that may involve issues such as speed, following distance, traffic signals, lane changes, distracted driving, unsafe turns, failure to yield, or driving too fast for conditions.

Why Fault Matters So Much in North Carolina

North Carolina uses a contributory negligence rule. In plain English, an insurance company or defendant may argue that the injured person also acted carelessly and that this carelessness helped cause the accident. If that defense applies, it can create a major obstacle to recovery.

The person or company raising contributory negligence generally has the burden of proving it. N.C. Gen. Stat. § 1-139 states that the party asserting contributory negligence has the burden of proof. That is important because fault is not supposed to be assumed just because an accident happened or because you were injured.

Still, this rule makes evidence especially important. A strong fault investigation should look at both sides of the issue: what the other driver did wrong and why your own actions were reasonable under the circumstances.

What Evidence Can Help Sort Out Fault?

When fault is unclear, small details can matter. The goal is to collect information before it disappears, memories fade, or vehicles are repaired. Helpful evidence may include:

• The crash report or report number.
• Photos or videos of the vehicles, roadway, traffic signs, skid marks, debris, weather, and lighting.
• Names and contact information for witnesses.
• Dashcam, doorbell, business, or traffic camera footage, if available.
• Vehicle damage photos before repairs.
• Insurance claim numbers and adjuster communications.
• Medical records, bills, visit summaries, and discharge paperwork.
• Proof of missed work or changes in your ability to work.
• Notes about what you remember, written while the events are still fresh.

North Carolina law also requires investigation and reporting for certain crashes. N.C. Gen. Stat. § 20-166.1 addresses reports and investigations for reportable motor vehicle accidents. A crash report can be useful, but it is not always the final word on fault, and it may need to be compared with photos, witness statements, vehicle damage, and other evidence.

Be Careful With Early Insurance Statements

Insurance companies often begin asking questions soon after a crash. Some questions are routine, such as confirming contact information, vehicle information, and where the crash occurred. Other questions may go deeper into speed, timing, lookout, injuries, prior conditions, or whether you could have avoided the collision.

If you are unsure who was at fault, it is usually wise to be careful about detailed statements. An unclear or incomplete statement may later be used to argue that you admitted fault, minimized your injuries, or changed your version of events. This does not mean you should be dishonest or ignore important communications. It means you should avoid guessing and should keep your answers accurate and limited to what you actually know.

Also remember that an adjuster’s opinion is not the same thing as a legal decision. An insurer may deny a claim, assign partial blame, or delay while it investigates. That does not automatically end the matter, but it does mean the evidence and deadlines should be reviewed promptly.

Deadlines Still Apply While Fault Is Being Investigated

For many North Carolina personal injury claims, the general lawsuit deadline is three years. N.C. Gen. Stat. § 1-52 includes a three-year period for many injury and property-damage claims. Some claims can have different or shorter timing rules, especially if a government vehicle, public employee, death claim, or other unusual issue is involved.

Talking with an insurance company does not automatically extend the deadline to file a lawsuit. Settlement discussions, claim numbers, requests for documents, or ongoing adjuster review do not always protect your rights. If the deadline is close, the safest step is to have the timing reviewed by a licensed North Carolina attorney.

How This Applies to a Durham Motor Vehicle Accident

Based on the facts described, a person was involved in a motor vehicle accident and may have a personal injury claim. If that person is not sure who caused the crash, the next step is not to guess. The next step is to gather the available information and review how the crash happened.

For example, the review may focus on questions such as:

• What did each driver say happened?
• Were there witnesses or camera footage?
• Did the crash report identify contributing factors?
• Do the vehicle damage patterns match one version of events?
• Were traffic lights, stop signs, lane markings, or right-of-way rules involved?
• Did anyone make statements at the scene that should be documented?
• Is the insurer arguing that the injured person could have avoided the crash?

In a Durham injury claim, the answer often depends on evidence rather than first impressions. A person may feel partly unsure simply because the crash was confusing. That uncertainty should be separated from legally meaningful fault.

What You Should Avoid Doing Too Quickly

When fault is disputed or unclear, avoid rushing into decisions that may affect the claim. Common problems include:

• Admitting fault when you do not know all the facts.
• Guessing about speed, distance, timing, or injuries.
• Posting about the crash or injuries on social media.
• Letting the vehicle be repaired or totaled without saving damage photos.
• Ignoring letters from insurers, health plans, or medical providers.
• Assuming a property damage payment proves the injury claim will be accepted.
• Waiting until the deadline is near to ask whether a lawsuit is needed.

You do not need to have every answer before speaking with an attorney. In many cases, the legal review begins with incomplete information and then focuses on finding what is missing.

What a Personal Injury Claim Must Usually Show

If a claim moves forward, the injured person usually needs evidence of several connected points:

• Negligence: Another person failed to use reasonable care.
• Causation: That conduct helped cause the crash and the injuries being claimed.
• Damages: The crash caused losses that can be documented, such as medical expenses, lost income, out-of-pocket costs, pain and suffering, or vehicle damage.
• Defense issues: The evidence addresses arguments that the injured person caused or contributed to the accident.

Medical documentation can matter even when the main dispute is fault. Records can help connect the timing of symptoms and treatment to the crash. You should follow the instructions of your medical providers and keep copies of records, bills, and visit summaries.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help when a Durham motor vehicle accident claim involves unclear fault, competing driver stories, disputed insurance positions, or concerns about contributory negligence. The firm can review the available facts, organize documents, communicate with insurance companies, and help evaluate what additional evidence may be needed.

That process may include requesting the crash report, reviewing photos and vehicle damage, identifying possible witnesses, looking for available video, tracking medical documentation, and watching for deadlines. No attorney can promise that a disputed fault claim will succeed, but a careful review can help you understand the risks and possible next steps under North Carolina law.

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.