Can I still make a personal injury claim as a passenger if the police report lists both drivers as being at fault?

Why the Police Report Does Not Automatically Defeat Your Claim

A North Carolina crash report is usually a starting point for investigating an accident. It may identify the drivers, vehicle owners, insurers, witnesses, traffic citations, reported injuries, and contributing circumstances. An adjuster will commonly review it when deciding whether to accept or deny liability.

However, the investigating officer may not have witnessed the collision. The officer may have relied on statements provided at the scene, physical evidence, vehicle locations, and the information available at that time. If the drivers gave conflicting accounts or a witness was not interviewed, the report may not tell the complete story.

Under N.C. Gen. Stat. § 20-166.1, law enforcement investigates and prepares reports for reportable crashes. The statute also provides that an officer’s report may be used only as allowed by the rules of evidence. In practical terms, a fault notation is not itself a binding judgment that decides an injury claim.

Insurers may conduct their own investigations and reach conclusions different from the officer’s. Likewise, if a lawsuit is filed, the evidence—not merely a checked box or diagram on the report—determines whether a driver was legally negligent.

A Passenger’s Claim Is Evaluated Separately

When two drivers may have contributed to a collision, an injured passenger is not automatically assigned either driver’s fault. The passenger’s claim generally focuses on four questions:

• Did one or both drivers fail to use reasonable care?
• Did that conduct cause or contribute to the collision?
• Did the collision cause the passenger’s injuries?
• What losses are supported by medical, employment, and other records?

A passenger may potentially assert a claim against the other driver, the driver of the occupied vehicle, or both, depending on the evidence. This can be true even when the driver of the occupied vehicle is the passenger’s spouse. Insurance coverage, exclusions, policy terms, and the facts still need to be reviewed before anyone can determine what coverage may apply.

The existence of an open claim with the insurer for the occupied vehicle can provide a channel for submitting documents and obtaining the insurer’s position. It does not, by itself, establish that the driver was negligent or that a particular policy must cover the loss.

How North Carolina Contributory Negligence Affects a Passenger

North Carolina permits defendants to raise contributory negligence as a defense. If the defense proves that an injured person’s own failure to use reasonable care helped cause the injury, it can create serious problems for the claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

For a passenger, the relevant question is the passenger’s own conduct—not simply whether the passenger’s driver made a mistake. A passenger can ordinarily expect a driver to use reasonable care unless unsafe conduct or incompetence becomes sufficiently apparent that a reasonable passenger would respond. Depending on the circumstances, an insurer could examine whether the passenger recognized an obvious danger and had a reasonable opportunity to warn the driver or take another practical step.

That does not mean a passenger must monitor every driving decision or predict a sudden turn by another vehicle. It means the surrounding facts matter. A family or marital relationship with the driver does not, standing alone, show that the passenger caused the collision.

Evidence That Can Clarify Which Driver Was Responsible

When the report assigns fault to both drivers, evidence collected outside the report can become especially important. Preserve or gather:

• The complete crash report, including all pages, diagrams, narratives, and listed contributing circumstances.
• Any supplemental report prepared after the initial investigation.
• Names, telephone numbers, and current contact information for witnesses.
• Witness accounts describing traffic signals, vehicle speeds, lane positions, or the turning vehicle’s movement.
• Photographs or video of vehicle damage, the intersection, road markings, signs, traffic signals, and sight lines.
• Dash camera, nearby business, residential, or traffic-camera footage, if it still exists and can lawfully be obtained.
• Vehicle repair estimates, photographs, and inspection information that may help show the location and direction of impact.
• Letters, emails, recorded-statement requests, and denial explanations from each insurer.
• Medical records, bills, visit summaries, and documentation connecting the reported injuries to the collision.
• Pay records or employer documentation if time away from work is part of the claim.

Witness information should be preserved promptly because memories fade and contact information changes. Video may also be overwritten after a short retention period. If the report contains a factual error or omits a known witness, the investigating agency can be asked about its procedure for submitting additional information or requesting a supplemental report. The agency is not necessarily required to change the officer’s conclusions.

How This Applies When One Vehicle Turned Across the Other

In the stated situation, the injured person was a passenger while their spouse drove through an intersection, and another vehicle reportedly turned across their path. Several witnesses reportedly blamed the turning driver, but the report attributed fault to both drivers. The other driver’s insurer then denied liability, while a claim remained open with the insurer for the occupied vehicle.

Those facts do not necessarily prevent a passenger claim. The witnesses’ observations may help explain which vehicle had the right of way, when the turn began, whether either driver could reasonably avoid the collision, and why the officer listed contributing fault for both drivers. The basis for the insurer’s denial should also be requested in writing and compared with the report, witness accounts, vehicle damage, and scene evidence.

It may be necessary to present the claim to more than one insurer while responsibility remains disputed. Care is appropriate when giving detailed recorded statements because questions may address not only what the drivers did, but also what the passenger saw, heard, or did before impact. Statements should be accurate and should not include guesses about speed, distance, or events the passenger could not observe.

Do Not Let the Insurance Dispute Consume the Filing Period

For many North Carolina personal injury actions, N.C. Gen. Stat. § 1-52 provides a three-year filing period. The correct deadline can depend on the type of claim, the parties, and other circumstances.

Opening a claim, exchanging documents, negotiating with an adjuster, or asking an insurer to reconsider a denial does not automatically extend the time to file a lawsuit. A passenger facing competing fault decisions should identify the applicable deadline early rather than waiting for the insurers to agree about responsibility.

Practical Steps After a Liability Denial

1. Request the complete report and any supplemental materials.
2. Ask the denying insurer to state its liability reasons in writing.
3. Preserve witness information and available photographs or video.
4. Save all communications from both insurers and record the claim numbers.
5. Follow the instructions of your medical providers and keep records of visits, bills, symptoms, and work restrictions.
6. Avoid signing a release until you understand which people, insurers, and claims the document would affect.
7. Have the evidence and possible filing deadlines reviewed if the insurers continue to blame each other or both drivers.