Short Answer

Yes, you may still have options, but a police report saying both drivers were partly at fault creates a serious issue in North Carolina. North Carolina allows contributory negligence as a defense, so an insurer may argue that your own careless driving helped cause the crash. The report is important evidence, but it is not the final decision on fault, and a child passenger’s injury claim may be viewed differently from an adult driver’s claim.

What the Police Report Does and Does Not Decide

A Durham car accident report can affect how insurance companies evaluate a claim, especially when the officer lists contributing circumstances for both drivers. Adjusters often treat the report as an important starting point because it may identify the drivers, vehicles, insurance information, road conditions, traffic controls, diagrams, witness names, and the officer’s view of what caused the crash.

But the report usually is not the whole case. The investigating officer may arrive after the crash, may not have seen the collision, and may have limited time to interview witnesses or review video. A report can also contain incomplete information, coding choices, or statements from one driver that are disputed by the other.

North Carolina law requires investigation and reporting of certain crashes. N.C. Gen. Stat. § 20-166.1 addresses crash reporting and explains, among other things, that reportable crashes are investigated and that reports may be used as permitted by the rules of evidence. In plain English, that means the report may matter, but it does not automatically decide who wins an injury claim.

Why Partial Fault Is a Bigger Problem in North Carolina

Some states reduce an injured person’s recovery based on a percentage of fault. North Carolina is different. In many negligence claims, an insurance company or defendant may raise contributory negligence. If that defense is proven, it can create major problems for an injured adult driver’s ability to recover for bodily injuries or vehicle damage.

The key word is proven. N.C. Gen. Stat. § 1-139 says the party asserting contributory negligence has the burden of proving it. A police report notation by itself is not the same thing as a complete legal analysis of negligence, causation, and damages.

For example, the claim may turn on questions such as:

• Which driver had the right of way?
• Whether traffic signals, stop signs, lane markings, or speed limits were involved.
• Whether either driver was distracted, speeding, following too closely, or failed to keep a proper lookout.
• Whether the officer’s conclusions match the physical evidence.
• Whether witnesses, nearby cameras, vehicle damage, or event data support a different version of events.
• Whether the alleged fault actually helped cause the crash or is only a side issue.

Because North Carolina fault rules are strict, it is usually not enough to argue only that the other driver made a mistake. The evidence should also address why your conduct was reasonable under the circumstances.

How Insurers Commonly Use a Report Listing Fault for Both Drivers

When a report suggests both drivers contributed, an insurance company may deny the claim, delay evaluation, or ask for a recorded statement. The adjuster may focus on any fact that supports contributory negligence, even if the other driver’s conduct was more obvious.

Common claim issues include:

• Recorded statements: A casual explanation can be used later to argue you admitted fault, guessed about speed, or failed to see something you should have seen.
• Gaps in evidence: Missing photos, lack of witness contact information, or no video request can make it harder to challenge the report.
• Medical timing: Delays or gaps in care may lead an insurer to dispute whether the crash caused the injury. This is not medical advice, but records, bills, and visit summaries often matter in a bodily injury claim.
• Vehicle damage arguments: Insurers may compare the damage to the reported injuries or argue that a low-speed impact could not have caused the claimed harm.
• Separate claims: Bodily injury, property damage, medical payment coverage, and a child’s injury claim may involve different evidence and paperwork.

Insurance claim discussions do not automatically extend the deadline to file a lawsuit. For many North Carolina personal injury and property damage claims, N.C. Gen. Stat. § 1-52 provides a three-year limitations period. Different rules can apply in some situations, including certain claims involving minors, government parties, or wrongful death, so timing should be reviewed carefully.

Can a Child’s Injury Claim Continue If the Insurers Dispute Fault?

Often, yes. If a child was injured as a passenger, the child did not make the driving decisions that caused the crash. A dispute between insurance companies about which adult driver was responsible does not automatically end the child’s injury claim.

The claim may continue against one or more potentially responsible drivers, depending on the evidence, insurance coverage, and the child’s role in the crash. If the child was not driving and did not contribute to the crash, the focus is usually on what the drivers did, whether that conduct caused the collision, and what injuries and losses are supported by records.

Children’s claims can involve extra steps. A parent or guardian may need to act on the child’s behalf, and any settlement for a minor may require careful handling and possible court involvement. The child’s medical records, bills, school impact, activity limits, and follow-up care documentation may all be relevant, but no one should assume the claim is over simply because the adult drivers or their insurers disagree about fault.

Evidence to Gather When the Report Blames Both Drivers

If the police report lists both drivers as partly at fault, the next step is to build a clearer record of what happened. Useful information may include:

• The full crash report and any supplemental report.
• Photos of the vehicles, roadway, debris, skid marks, traffic controls, and visible injuries.
• Names and contact information for witnesses.
• Dash camera, business camera, neighborhood camera, or traffic camera information, if available.
• Repair estimates, total loss documents, towing bills, rental car records, and storage invoices.
• Medical records, bills, discharge papers, visit summaries, and provider instructions.
• Texts, emails, claim letters, denial letters, and adjuster notes or claim numbers.
• Information about all insurance policies that may apply, without assuming coverage is available.
• For a child’s claim, records showing the child’s injuries, treatment dates, missed activities, and parent or guardian communications with insurers.

It can also help to write down your memory of the crash while it is still fresh. Include the route, traffic signal phase, weather, lighting, lane positions, speeds as best you remember them, and anything the other driver said at the scene. Avoid guessing. If you do not know something, say so.

How This Applies to the Situation Described

Here, the concern is that a North Carolina police report lists both drivers as partly at fault. That does not automatically prevent a bodily injury or vehicle damage claim, but it does mean fault will likely be contested. The insurer may use the report to argue contributory negligence, especially if the injured person was one of the drivers.

The practical question becomes: what evidence supports the injured person’s version of events, and what evidence answers the allegation that they also helped cause the crash? If the report is incomplete or inaccurate, it may be possible to gather witness statements, photos, video, diagrams, or other documents that provide a fuller picture. If a child was injured, the child’s claim should be evaluated separately from the dispute between the adult drivers.

Do not assume the insurance company’s first position is the final word. At the same time, do not ignore the risk created by a shared-fault notation. In North Carolina, that issue can shape the entire claim.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help by reviewing the police report, identifying the specific fault findings, and comparing those findings with the available evidence. That may include organizing photographs, medical records, repair documents, witness information, insurance correspondence, and claim deadlines.

In a disputed Durham car accident claim, the firm can also help you understand how North Carolina contributory negligence may affect an adult driver’s claim and how a child passenger’s injury claim may need to be handled. This does not guarantee that a claim will succeed, but it can help you make informed decisions before giving detailed statements, signing paperwork, or assuming the insurer’s denial is correct.

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.