Can a police report be used to challenge an insurance company's liability denial?

How a Police Report Can Support a Liability Challenge

An insurer makes its own liability decision after reviewing the available evidence. It is not required to accept an officer’s view of the crash, even if the officer issued a citation or identified a contributing circumstance. Still, the police report can reveal that the denial rests on missing facts, an incorrect assumption, or an account that conflicts with information collected at the scene.

A useful challenge should point to specific parts of the report rather than simply arguing that the report supports the claim. Depending on the crash, relevant portions may include:

• The officer’s description of how the collision occurred.
• The crash diagram and reported points of impact.
• Statements attributed to the drivers or witnesses.
• Traffic controls, road conditions, and vehicle positions.
• Listed contributing circumstances or apparent violations.
• Names and contact information for witnesses.
• Any indication that a supplemental report or further investigation exists.

Under N.C. Gen. Stat. § 20-166.1, law enforcement reports concerning reportable crashes are public records, and an officer’s report may be used in a civil proceeding to the extent allowed by the rules of evidence. That does not make every statement or conclusion in the report automatically admissible at trial. It confirms that law enforcement reports are public records and may be used as evidence to the extent permitted by the rules of evidence.

Why the Report May Not Be Enough by Itself

A police report is often a starting point, not the entire liability investigation. The officer may not have witnessed the collision. The report may rely on statements made at the scene, and one driver may have been unable to provide a complete account. Diagrams can be simplified, and factual or identifying information can be entered incorrectly.

An insurer may also rely on evidence that does not appear in the report, such as a recorded statement, vehicle photographs, surveillance footage, or a different witness account. For that reason, the claimant or the claimant’s attorney should ask what evidence and reasoning led to the denial.

North Carolina’s unfair claim settlement practices statute identifies, when committed or performed with sufficient frequency to indicate a general business practice, a failure to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denying a claim as an improper claims practice. The relevant provision appears in N.C. Gen. Stat. § 58-63-15. Whether that statute creates any separate remedy in a particular situation is a different legal issue, but requesting a clear written explanation can help identify the actual liability dispute.

What a Written Request for Reconsideration Should Address

A focused response can make it easier for the adjuster to compare the denial with the evidence. The request may include:

1. Identify the decision. Include the claim number, collision date, denial date, and the insurer’s stated reason, if one was provided.
2. Request the precise basis. Ask whether the insurer disputes the insured driver’s conduct, causation, the claimant’s conduct, or another issue.
3. Identify the conflict. Quote or summarize the specific report entries that appear inconsistent with the denial.
4. Provide supporting evidence. Attach clear photographs, video, witness information, repair documentation, or other relevant material.
5. Ask for a written response. Request confirmation that the additional information was reviewed and an explanation of whether the decision changed.

The challenge should remain factual. Broad accusations are usually less useful than a clear comparison between the denial, the police report, and the other available evidence.

Evidence to Gather Along With the Police Report

Because physical evidence can disappear and memories can fade, preserve relevant material as early as possible. Helpful items may include:

• The complete crash report and any supplemental report.
• Photographs or video of the scene, vehicles, traffic signals, signs, and visible damage.
• Witness names, contact details, and accurate statements.
• Dash-camera, business surveillance, or residential camera footage.
• Repair estimates, total-loss documents, and vehicle photographs.
• Messages, letters, emails, and notes of conversations with the adjuster.
• The written denial and any explanation later provided by the insurer.
• Dispatch records, 911 recordings, or an investigating officer’s additional materials when available through the proper process.

If the report contains a factual mistake, the investigating agency can be asked about its procedure for submitting supporting information or requesting a supplement. The agency may decline to change an officer’s conclusions, so the original evidence should still be preserved.

North Carolina Fault Rules Can Make the Dispute Important

North Carolina allows contributory negligence to be raised as a defense. If the defense proves that the injured person’s own negligence helped cause the collision, it can create serious problems for the injury claim. The party raising contributory negligence generally carries the burden of proving it.

When an insurer suggests that the claimant was even partly responsible, the response should address both sides of the event: what the insured driver allegedly did wrong and why the claimant’s conduct was reasonable under the circumstances. A favorable police report may help, but independent evidence can be especially important when fault is disputed.

How This Applies When the Denial Is Unclear

When an attorney represents a claimant and the denial appears inconsistent with the police report, the first task is to determine exactly what the insurer denied and why. The attorney can compare the denial with the report’s narrative, diagram, witness entries, and contributing circumstances, then request a written explanation and submit any missing evidence.

That review may show that the insurer overlooked part of the report, relied on a different account, or is asserting contributory negligence. It may also uncover an error or limitation in the report itself. The goal is not to treat the report as conclusive, but to use it as one organized piece of a broader liability presentation.

Do Not Let Reconsideration Discussions Consume the Filing Deadline

Asking an insurer to reconsider does not automatically extend the deadline for filing a lawsuit. N.C. Gen. Stat. § 1-52 provides a three-year period for many North Carolina actions involving personal injury or property damage, although different rules can apply depending on the claim and parties.

An insurer may continue discussing liability while a deadline approaches. The denial, an internal review, or ongoing settlement communications should not be assumed to pause the applicable time limit.