Can I still pursue compensation if the police report assigns me part of the fault?

A Police Report Does Not Finally Decide Your Claim

A North Carolina crash report is an important starting point, but it does not automatically control what an insurance company, judge, or jury may decide. Under N.C. Gen. Stat. § 20-166.1, law enforcement investigates reportable crashes and prepares a written report containing information about the collision. The statute also provides that an officer’s report may be used only as permitted by the rules of evidence.

An investigating officer may not have witnessed the crash. The report may instead rely on driver statements, witness accounts, vehicle positions, roadway marks, and the information available at the scene. Important facts may be missing if an injured driver could not provide a complete statement, a witness left before speaking with the officer, or video had not yet been located.

Reports can also contain contributing-circumstance codes, diagrams, citations, estimated damage, witness information, and an officer’s understanding of how the crash occurred. Those entries should be reviewed separately rather than treated as one binding fault decision. In some cases, an officer later prepares a supplemental report containing additional information.

Why Partial Fault Is a Serious Issue in North Carolina

North Carolina allows contributory negligence as a defense. In general, if the defense proves that an injured person failed to use reasonable care and that failure helped cause the injury, the defense can create serious problems for the personal injury claim. Unlike a system that simply reduces compensation by a percentage of fault, North Carolina’s rule may prevent recovery when contributory negligence is established.

The party raising contributory negligence generally carries the burden of proving it under N.C. Gen. Stat. § 1-139. A report assigning equal fault does not by itself establish that defense. The full evidence must address what each driver did, whether either driver acted unreasonably, and whether that conduct actually contributed to the collision and resulting injuries.

For that reason, a disputed-fault claim should develop evidence showing both why the other driver was negligent and why your own actions were reasonable under the circumstances.

Evidence That May Challenge the Report’s Fault Assignment

Fault may turn on details that are not clear from the report. Useful evidence can include:

• Photographs and video showing vehicle damage, final vehicle positions, lane markings, traffic controls, debris, skid marks, visibility, and weather conditions.
• Names and contact information for eyewitnesses, passengers, first responders, and others who arrived shortly after the collision.
• Nearby business, residential, traffic, dash-camera, or vehicle-camera footage.
• 911 recordings and dispatch information that may capture early descriptions of the crash or identify witnesses.
• The complete DMV-349 report, its diagram and narrative, any citations listed, and any supplemental report.
• Vehicle repair estimates, inspection records, photographs taken before repairs, and available electronic vehicle data.
• Adjuster letters, emails, recorded-statement requests, and written explanations of any insurance fault decision.
• Medical records, bills, visit summaries, wage records, and out-of-pocket receipts documenting the claimed harm.

Some evidence can disappear quickly. Video may be overwritten, vehicles may be repaired or sold, and witnesses’ memories may fade. Do not alter or discard relevant photographs, messages, documents, or vehicle information. Electronic vehicle data may require careful preservation and proper collection.

What to Do If You Believe the Report Is Wrong

1. Obtain the complete report. Review the identifying information, narrative, diagram, contributing circumstances, witness section, citations, and insurance details.
2. Write down specific errors. Separate objective mistakes, such as an incorrect direction of travel, from disagreements with the officer’s conclusion.
3. Gather supporting material. Preserve photographs, video, witness information, vehicle records, and communications that support your account.
4. Ask whether additional information can be submitted. The investigating agency may explain its process for factual corrections or supplemental information. It may decline to change an officer’s conclusion, so the remaining evidence still matters.
5. Use care with detailed statements. An insurer may compare your words with the report, prior statements, photographs, and medical documentation. Be accurate and do not guess about facts you do not remember.
6. Have the disputed-fault issue evaluated promptly. A claim involving alleged contributory negligence may require more investigation or litigation than a routine insurance claim.

How This Applies When the Report Assigns Equal Fault

If the report assigns equal fault to both drivers, that notation does not necessarily end the claim. It does, however, signal that the insurer may raise contributory negligence and deny responsibility. The key question is not simply what percentage appears in the report. It is whether admissible evidence supports a finding that your own unreasonable conduct contributed to the collision.

A careful review would compare the report with physical evidence, witness accounts, available recordings, vehicle damage, traffic controls, and each driver’s statements. It should also identify whether the officer lacked important information or later prepared a supplement.

If the dispute cannot be resolved through claim discussions, pursuing compensation may require contested litigation. When a firm does not handle the particular litigation required, you may need to speak promptly with another licensed North Carolina attorney who handles disputed motor vehicle cases.

Do Not Let the Fault Dispute Hide the Deadline

Many North Carolina personal injury actions are subject to a three-year filing period under N.C. Gen. Stat. § 1-52, although the correct deadline depends on the facts, parties, and type of claim. Insurance negotiations, a request to correct the report, or an ongoing investigation do not automatically extend the lawsuit deadline. Claims involving government vehicles, death, minors, or other unusual circumstances may follow different rules.