Can I challenge another driver's insurance company if I believe both drivers shared fault for the accident?

What Does It Mean to Challenge the Other Driver’s Insurer?

An insurance company may contact you because it paid for its policyholder’s vehicle damage or injuries and now wants reimbursement. It may also be handling a claim directly for its policyholder. A demand from the insurer is its position about the accident, not a court judgment.

Challenging that position usually means disputing the underlying facts, fault, or claimed damages. In many cases, you respond through your own automobile liability insurer rather than filing an immediate lawsuit against the other company. If litigation becomes necessary, the accident case ordinarily proceeds between the drivers, vehicle owners, or other legally responsible parties. The insurers may manage the defense or pursue reimbursement behind the scenes.

If you receive a summons and complaint, the dispute has moved beyond routine claim handling. Court papers have response deadlines, and failing to act can lead to a default. Send every demand letter, claim notice, summons, and complaint to the insurer that covered you or the vehicle on the accident date.

Shared Fault Works Differently in North Carolina

North Carolina follows the contributory negligence rule rather than a comparative-fault system. The rule does not normally produce a percentage split such as one driver paying only part of the loss because both drivers made mistakes.

Instead, if the party seeking compensation was negligent and that conduct was a proximate cause of the collision, contributory negligence may prevent that party from recovering. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

This rule can cut in either direction:

• If the other driver or that driver’s insurer seeks payment from you, evidence that the other driver’s negligence was a proximate cause of the crash may support your defense.
• If you make your own claim, the other side may argue that your conduct contributed to the collision.
• The fact that both drivers may have acted carelessly does not automatically mean each side pays half.

The analysis depends on what each driver did immediately before impact. Relevant issues may include speed, following distance, lane position, right of way, lookout, braking, signals, visibility, and whether either driver had a reasonable opportunity to avoid the collision.

How to Dispute the Insurance Company’s Position

Start by asking the insurer to put its position in writing. The letter should identify the claim number, the amount being requested, the basis for blaming you, and the types of damage included. Avoid guessing or filling gaps in your memory during an unexpected recorded call.

You can then provide a concise written response stating that fault is disputed. Identify the conduct you believe contributed to the collision and the evidence supporting your account. Do not exaggerate, alter records, or make admissions simply to appear cooperative.

Your own insurer should also receive notice, even if the crash happened several months ago or you believe the demand is incorrect. Coverage, defense obligations, and cooperation requirements depend on the applicable policy and facts. Preserve a copy of the policy or declarations page, but do not assume what the policy covers without having it reviewed.

Evidence to Gather When There Is No Police Report

The absence of a police report does not automatically decide fault. Even when a report exists, it is only one part of an accident investigation. A civil claim can be evaluated using other evidence.

Useful items may include:

• Photographs or videos of the vehicles, damage patterns, road, signs, traffic controls, weather, and sight lines.
• Dash-camera, security-camera, doorbell-camera, or business surveillance footage.
• Names and contact information for passengers, witnesses, nearby residents, or employees.
• Repair estimates, final invoices, towing records, vehicle inspection records, and photographs taken before repairs.
• Text messages, emails, claim letters, recorded-call notices, and other communications with either insurer.
• A written timeline prepared from your present recollection, including each vehicle’s direction, lane, speed, movement, and point of impact.
• Phone location data or other electronic records that may confirm timing or location, when lawfully available.
• Medical records, bills, and visit summaries if an injury claim is involved.

Act promptly because video may be overwritten, vehicles may be repaired, road conditions may change, and witnesses’ memories may fade. Keep original electronic files rather than relying only on screenshots or compressed copies.

N.C. Gen. Stat. § 20-166.1 addresses notice and investigation requirements for reportable crashes. Whether the collision qualified as reportable depends on facts not provided here. The lack of a report should be discussed with counsel, but it does not by itself establish which driver caused the accident.

Do You Need to File a Lawsuit?

Not necessarily. A written demand can often be disputed through the claim process, especially when your own insurer is investigating and defending the claim. Filing a separate lawsuit merely because an adjuster assigned fault may be premature.

Litigation may become relevant if the other driver or insurer sues you, if you have your own claim arising from the collision, or if a negotiated resolution is not possible. A lawyer can determine which parties and claims belong in the case and whether a counterclaim must be raised in response to an existing lawsuit.

Timing still matters. N.C. Gen. Stat. § 1-52 provides a three-year period for many claims involving personal injury or physical damage to property, although the correct deadline depends on the particular claim. Negotiating with an adjuster, disputing fault, or waiting for the insurer to respond does not automatically extend a lawsuit deadline.

How This Applies to the Stated Situation

Here, the insurer began pursuing the individual several months after a minor collision, the individual believes both drivers contributed, and no police report was created. The immediate issue is not simply whether both drivers were careless. It is whether reliable evidence can show that the insurer’s policyholder was negligent and that this conduct was a proximate cause of the collision.

The individual should notify the automobile insurer that provided coverage on the accident date and send it the demand. The individual should also request the basis of the other insurer’s claim, organize photographs and repair records, identify witnesses, and write down a detailed account while the event can still be recalled. If legal papers have already been served, the deadline shown by those papers requires immediate attention.

Practical Mistakes to Avoid

• Do not ignore correspondence because the insurer is not your insurance company.
• Do not pay the demand or sign a release without understanding what claims the document resolves.
• Do not dispose of photographs, damaged parts, repair documents, messages, or electronic files.
• Do not assume that “shared fault” means the claim will automatically be divided equally.
• Do not wait for negotiations to conclude if a court or filing deadline may be approaching.