Short Answer

In North Carolina, you can dispute an insurer’s 50/50 fault split and, if needed, file a court claim to recover your vehicle damage. Passengers are rarely assigned fault unless their own conduct contributed to the crash, and police crash reports are generally not admissible as evidence in civil trials. If your damages are $10,000 or less, you may file in Small Claims (Magistrate) Court; you typically have three years from the crash to sue for property damage.

Understanding the Problem

In North Carolina, can a passenger challenge an insurer’s decision to assign them 50% fault on a property-damage auto claim when the decision was based on a police report the passenger did not get to review and it’s now too late to amend the report? You want to know what you can do next and where to do it.

Apply the Law

To recover vehicle damage in North Carolina, you must prove the other driver’s negligence caused your loss and you did not contribute to causing the crash. North Carolina follows contributory negligence, which can bar recovery if the plaintiff was negligent; however, a passenger’s fault is not imputed from the driver absent a legal relationship such as agency or a joint enterprise. Adjuster fault allocations are not binding on a court. Police collision reports are generally not admissible as evidence in civil trials, so liability is proven with testimony, photos, repair evidence, and witnesses. For claims of $10,000 or less, the Small Claims Division (before a magistrate) is the main forum; the general filing deadline for vehicle property damage is three years from the crash.

Key Requirements

• Negligence by the other driver: Show the other driver breached a duty (for example, failing to keep a safe following distance) and caused the collision.
• Damages to your property: Prove the cost to repair/replace your vehicle or the diminished value with estimates, invoices, and photos.
• No contributory negligence by you: As a passenger, your own conduct must have contributed to be at issue; a driver’s negligence is not automatically imputed to you.
• Proper forum and amount: Use Small Claims before a magistrate if your total claimed damages are $10,000 or less; otherwise file in District Court.
• Timing and notice: File suit within the general three-year deadline for injury to personal property and ensure proper service of the defendant.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Crash reports) - Police collision reports are generally not admissible as evidence in civil trials; officers may still testify.
• N.C. Gen. Stat. § 1-52 (Limitations—three years) - Three-year period to sue for injury to personal property, including vehicle damage.
• N.C. Gen. Stat. § 7A-210 (Magistrates’ civil jurisdiction) - Magistrate (Small Claims) jurisdiction for money claims up to a statutory dollar limit.
• N.C. Gen. Stat. § 7A-228 (Appeals from magistrates) - Appeal a magistrate’s judgment to District Court within 10 days for a new trial.

Analysis

Apply the Rule to the Facts: You were a passenger in a rear-end collision at a traffic signal. A passenger’s fault is not ordinarily imputed from the driver, and there is no indication your own conduct contributed, so a 50/50 split is not supported by that rule. Because police crash reports are generally inadmissible, the insurer’s reliance on the report is not determinative in court. If your vehicle damage claim is $10,000 or less, you can bring a Small Claims case against the at-fault driver within the three-year window and present photos, witness statements, and repair records.

Process & Timing

1. Who files: The vehicle owner (or person who paid for repairs) as plaintiff. Where: Small Claims Division before a magistrate via the Clerk of Superior Court in the proper county (often where the defendant resides or where the crash occurred). What: File a Magistrate Summons (AOC-CVM-100) and a Complaint to Recover Money Owed (AOC-CVM-201) with supporting photos, estimates, invoices, and witness names. When: File within the three-year statute of limitations.
2. Have the defendant served by sheriff or certified mail. Hearings are typically set a few weeks after filing, but timing varies by county. Prepare to testify and bring your evidence and any witnesses.
3. At the hearing, the magistrate enters a judgment. Either party may appeal to District Court within 10 days for a new (de novo) trial.

Exceptions & Pitfalls

• Contributory negligence bars recovery if your own actions helped cause the crash; for passengers, this is rare but can arise (e.g., actively distracting the driver).
• Do not sue the insurer directly (except in limited situations); sue the at-fault driver/owner. Name the proper defendant and use the correct county.
• Police reports alone won’t prove your case; bring firsthand testimony, photos, repair documentation, and any independent witnesses.
• Amounts over the Small Claims limit belong in District Court; check your total (repairs, tow, rental, and proven diminished value).
• Coordinate with your bodily-injury attorney to keep positions consistent across your injury and property claims.

Talk to a Personal Injury Attorney

If you're dealing with a 50/50 fault decision on your North Carolina property damage claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.