Short Answer

Yes. Clear video of the other driver failing to yield may support a request that the insurance company reconsider its fault decision, especially if the insurer misunderstood the collision report. The footage should be preserved in its original form and evaluated with the report, roadway markings, vehicle damage, witness accounts, and applicable North Carolina right-of-way rules. Video can be persuasive, but it does not guarantee that the insurer will reverse its decision.

Why Video May Change a Fault Review

An insurance adjuster usually makes an initial liability decision from the information available at that time. That may include statements from the drivers, a collision report, photographs, damage patterns, traffic citations, and witness accounts. If the adjuster did not have the video—or misunderstood what the report actually says—the decision may be based on an incomplete record.

Useful footage may show details that are difficult to establish through competing driver statements, such as:

• Which vehicle entered the intersection first.
• Whether a driver turned across approaching traffic.
• Where the vehicles were immediately before impact.
• The location of stop signs, yield signs, signals, and lane markings.
• Whether either vehicle changed speed or direction.
• How much time each driver had to observe and react to the developing situation.

North Carolina's right-of-way rules depend on the type of intersection and maneuver involved. For example, N.C. Gen. Stat. § 20-155 generally addresses yielding at intersections, left turns, certain pedestrian crossings, and traffic circles. A video is most helpful when it clearly shows facts connected to the right-of-way rule that applies to the particular crash.

The Collision Report Is Important, but It Is Not the Only Evidence

A North Carolina collision report can contain a diagram, contributing circumstances, driver information, roadway conditions, and an officer's account of the crash. Insurers commonly rely on it, but the report should be reviewed carefully rather than reduced to a single fault label.

Different portions of a report can appear inconsistent. A contributing-circumstances code may identify one driver's failure to yield even though an adjuster says the report blames the other driver. The diagram, narrative, vehicle directions, point of impact, and coded entries should be compared as a whole. It may also be useful to determine whether the officer prepared a supplemental report.

The investigating agency's file may contain more than the standard report. Depending on what was collected, it could include field notes, photographs, recorded statements, dispatch information, body-camera footage, nearby surveillance footage, or 911 recordings. These materials may help explain an unclear diagram or disputed report entry.

How to Preserve and Present the Video

Video can lose value if only a shortened, edited, or screen-recorded version remains. Preserve the original file promptly because dash cameras and surveillance systems may automatically overwrite footage.

1. Keep the original file. Save it in more than one secure location without editing, cropping, filtering, or changing the playback speed.
2. Preserve identifying information. Keep the file name, date, time, device information, and available metadata. Record who captured the footage and how you obtained it.
3. Save the full sequence. Footage showing the seconds before and after impact often provides more context than a short collision clip.
4. Identify the camera location. Note whether the recording came from a dash camera, business, residence, traffic camera, or witness's phone.
5. Do not surrender the only copy. Provide a duplicate if the insurer requests the footage, and keep a record of when and how it was sent.

If a business, homeowner, government agency, or another driver controls the recording, a prompt written preservation request may be appropriate. Many systems retain recordings for only a limited period. Other electronic evidence, including vehicle data, photographs, and recordings, should also be protected from deletion or alteration.

Requesting Reconsideration of the Insurance Decision

A challenge is usually more effective when it identifies the exact problem with the insurer's reasoning instead of simply stating that the decision is wrong. A written request may:

• Identify the claim number, collision date, and vehicles involved.
• Quote or describe the relevant portion of the insurer's denial letter.
• Point to the collision report entry indicating that the other driver failed to yield.
• Explain what the video shows and where it appears in the recording.
• Include supporting photographs, witness information, and relevant report pages.
• Ask for a written response after a new liability review.

Keep the denial letter, emails, upload confirmations, claim notes available to you, and a log of adjuster communications. Avoid changing the video or making assumptions about details that the footage does not clearly show. A credible submission should separate what is visible from what remains disputed.

North Carolina's Contributory Negligence Issue

The insurer may argue not only that the other driver had the right of way, but also that your own conduct contributed to the crash. North Carolina allows contributory negligence as a defense. If the defense proves that an injured person's own negligence helped cause the injury, that can create serious problems for the personal injury claim.

Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally carries the burden of proving that defense. For that reason, the evidence should address both what the other driver did and why the injured driver acted reasonably. The full video may be important because it can show speed, position, visibility, reaction time, and efforts to avoid the collision.

How This Applies to the Report and Video Described Here

Here, the insurer reportedly denied the claim based on a collision report that it interpreted as blaming the injured individual. Yet the individual's copy reportedly indicates that the other driver failed to yield, and video may show the other driver's actions.

A practical review would begin by comparing the insurer's written explanation with the report's diagram, narrative, contributing-circumstances codes, and vehicle information. The original video should then be reviewed for the complete lead-up to impact, not merely the moment of contact. If the footage supports the report's failure-to-yield entry, those materials can be submitted together with a focused written request for reconsideration.

The footage must still be assessed for possible arguments about the injured driver's conduct. For example, the insurer may examine whether the other vehicle was visible, how the vehicles approached, and whether either driver had time to react. The recording angle and missing portions of the scene can also affect how much the video proves.

Do Not Let the Insurance Review Control the Deadline

An insurer's denial is not necessarily the final word on civil fault, but negotiations and requests for reconsideration do not automatically extend the deadline for filing a lawsuit. N.C. Gen. Stat. § 1-52 provides a three-year period for many North Carolina personal injury and property-damage actions, although the correct deadline depends on the claim and facts. Waiting for an adjuster to review video can consume time without preserving the right to file suit.

Information Worth Gathering Now

• The original, unedited video and at least one secure backup.
• The complete collision report and any supplemental report.
• The insurer's denial letter and stated reason for its decision.
• Scene and vehicle photographs.
• Names and contact information for witnesses.
• Dash-camera details and the identity of any surveillance-video owner.
• Repair estimates, towing records, and photographs showing impact damage.
• Medical records, bills, and visit summaries if injuries are part of the claim.
• A timeline of the crash and communications with the insurance companies.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to compare the insurer's explanation with the collision report, review what the video actually establishes, and identify additional evidence bearing on the failure-to-yield issue. The firm may also help organize a liability submission, communicate with the insurer, seek preservation of time-sensitive recordings, and evaluate contributory-negligence arguments.

If the insurer maintains its denial, an attorney can explain possible next steps and the filing deadline that may apply. Whether the decision can be changed depends on the footage, the complete evidence, North Carolina law, and the specific circumstances of the collision.

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.