How can I challenge an insurance company's decision about who caused a car accident?

Start by Finding Out Why the Insurer Assigned Partial Fault

Ask the adjuster to explain the decision in writing. The response should identify the conduct attributed to each driver and the evidence the insurer relied on. For example, did the adjuster rely on a statement, a crash-report diagram, an alleged failure to keep a proper lookout, or a disagreement about a traffic signal?

Do not assume that a percentage assigned during claim negotiations controls the legal outcome. It is usually an insurer’s claim position based on its investigation. You can dispute that position, provide additional evidence, and ask for reconsideration by the adjuster or a supervisor.

A useful written request should include:

• The claim number, collision date, and names of the drivers.
• A request for the specific facts supporting the partial-fault decision.
• A request to identify any photographs, statements, diagrams, or traffic rules used in the evaluation.
• A statement that the driver disputes the fault assignment, without guessing about facts that are not known.
• A request that the insurer review the additional evidence and respond in writing.

Build the Challenge Around Evidence, Not Just Disagreement

A strong response explains what happened and connects each point to available proof. Preserve original files rather than relying only on screenshots or compressed copies.

Useful information may include:

• Photographs and video showing vehicle positions, impact points, debris, lane markings, signs, signals, sight obstructions, and road conditions.
• Dash-camera footage, nearby surveillance video, or doorbell-camera recordings. These recordings may be erased quickly, so prompt preservation matters.
• Names and contact information for independent witnesses.
• The law-enforcement crash report and any supplemental report.
• Repair estimates and photographs showing the location and direction of vehicle damage.
• Written communications from the adjuster, including the fault explanation.
• The driver’s account of direction of travel, lane position, speed, signal use, braking, and events immediately before impact.
• Any citation information, while recognizing that a citation by itself does not necessarily resolve civil responsibility.

When reviewing a North Carolina DMV-349 crash report, pay particular attention to the diagram, narrative, contributing circumstances, witness entries, traffic violations, skid-mark information, and points of impact. Errors or missing information should be identified precisely. A general statement that the report is “wrong” is usually less useful than explaining which entry is inaccurate and attaching evidence that supports the correction.

What the Police Report Does—and Does Not—Decide

Because law enforcement responded, a crash report may provide an important starting point. Under N.C. Gen. Stat. § 20-166.1, officers investigate reportable crashes and prepare written reports. The statute also makes law-enforcement crash reports available for public inspection.

The report may contain observations, driver statements, witness information, a diagram, and the officer’s assessment. It does not automatically make the insurer’s decision correct, and it is not itself a final court determination of civil fault. An insurer may consider other evidence, and a court applies the rules of evidence if a lawsuit is filed.

If the report contains a factual mistake, contact the investigating agency and ask about its procedure for requesting a review or supplemental report. The agency may decline to change an officer’s conclusions, but supporting materials can still be sent directly to the insurer as part of the fault challenge.

Why Partial Fault Is Especially Important in North Carolina

North Carolina allows contributory negligence as a defense. In general, if the defense proves that the person seeking compensation was negligent and that the negligence helped cause the damage, the claim may face a significant legal barrier. This is different from states where compensation is routinely reduced by an assigned percentage.

Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally carries the burden of proving that defense. Even so, an allegation of slight fault should not be ignored. The evidence should address both what the other driver did wrong and why the caller’s child acted reasonably under the circumstances.

Be careful with additional statements. A driver should give an accurate account without speculating about speed, distance, visibility, or events the driver did not actually observe. Before participating in a recorded interview, it is reasonable to ask who will receive the recording, what issues will be covered, and whether a written statement or existing report will address the request.

Practical Ways to Proceed After Submitting the Dispute

1. Send a concise written rebuttal. Organize the evidence by issue and explain how it contradicts the reason given for assigning partial fault.
2. Ask for reconsideration. Request a written response from the adjuster and, if needed, review by a claim supervisor.
3. Notify the appropriate insurer. The vehicle owner or policyholder may need to notify their own carrier. Collision coverage may provide another route for vehicle repairs, subject to the policy’s terms and deductible, and the carrier may later pursue reimbursement. Coverage depends on the actual policy and facts.
4. Keep a claim log. Record the date, person contacted, subject discussed, and promised follow-up for every call or message.
5. Preserve deadlines. Negotiations and requests for reconsideration do not automatically extend the time to file a lawsuit.

N.C. Gen. Stat. § 1-52 provides a three-year limitations period for many claims involving injury to a person or damage to personal property. The correct deadline can depend on the claim and parties involved, so it should not be calculated from this general rule alone.

How This Applies to the Reported Accident

Here, the other driver’s insurer reportedly accepted most of the responsibility but assigned some fault to the caller’s child. Because North Carolina does not ordinarily treat contributory negligence as a simple percentage reduction, the first priority is to learn exactly what conduct the insurer attributes to the child.

The caller can gather the crash report, scene and vehicle photographs, witness information, repair documents, and all insurer communications. The response should then address the insurer’s stated reason point by point. For example, if the insurer claims the child failed to react in time, relevant evidence may include sight lines, vehicle positions, the sequence of impact, witness observations, and whether the other driver entered the child’s lane unexpectedly.

No injuries were initially reported, so the immediate dispute appears to concern fault and vehicle damage. If anyone later believes medical attention is needed, that person should follow the instructions of their medical providers and keep related records. The absence of a reported injury does not change the need to preserve collision evidence promptly.