Short Answer

In North Carolina, you can and should open a claim with your own insurer for collision or comprehensive coverage even if the police report lists you at fault. The report does not decide your insurance claim or any civil case; your insurer will make its own liability and coverage decision. If you believe the other driver was at fault, you may also submit a third-party claim, but North Carolina’s contributory negligence rule can bar recovery if you were even slightly negligent. Check whether a relative’s policy covers you as a resident or permissive driver.

Understanding the Problem

You’re in North Carolina, you were cited for failure to yield, and the police report says you were at fault. You want to know if you can still file an auto insurance claim to fix your car. The key decision is whether to file a first‑party claim under your own policy, pursue a claim against the other driver, or both, and how the fault notation affects those options.

Apply the Law

North Carolina insurers decide coverage and fault based on policy terms and the full evidence, not just the police report. A first‑party collision claim is about your contract with your insurer; if coverage applies, the insurer pays for repairs (less any deductible) and may later seek reimbursement from the other driver. A third‑party liability claim against the other driver requires proving the other driver was 100% at fault, because even slight fault on your part can defeat recovery under North Carolina’s contributory negligence rule. Accident reports generally are not evidence of fault in court. Claims decisions and deadlines also depend on policy language, so prompt notice and cooperation are essential. If you were driving a vehicle owned by or available to a relative, coverage may come from that policy first, especially for permissive drivers or resident relatives.

Key Requirements

• Open a first‑party claim promptly: Notify your insurer and submit photos, repair estimates, and the report; comply with policy duties (statements, inspection, proof of loss).
• Police report is not conclusive: It may inform the adjuster, but it does not control coverage or fault determinations.
• Third‑party claims face a strict fault standard: To recover from the other driver, you must show they were entirely at fault; any negligence by you can bar recovery.
• Check all possible coverage: The vehicle owner’s policy is often primary; resident‑relative or permissive‑use provisions may cover you.
• Deadlines matter: Policies require prompt notice; if a dispute leads to a lawsuit for property damage, the general limit to file is three years in North Carolina.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Accident reports) - Officer reports are for administrative use and generally aren’t evidence of fault in court.
• N.C. Gen. Stat. § 20-279.21 (Auto liability coverage) - Defines required coverages and who is an insured, including permissive users and resident relatives, and addresses UM/UIM.
• N.C. Gen. Stat. § 1-52 (Three-year limit) - General three-year statute of limitations for injury to personal property, including vehicle damage claims.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Prohibits certain unfair insurance claim practices; violations can support other remedies.

Analysis

Apply the Rule to the Facts: Because the officer cited you for failure to yield, open a first‑party collision claim with your insurer and provide all evidence (photos, scene diagram, witness contacts). The police report does not prevent payment under collision coverage if your policy applies. If you believe the other driver shares fault, you can submit a third‑party claim, but be aware that even minimal fault on your part can defeat recovery in North Carolina. If you were driving a relative’s car or live with a relative, ask that insurer to evaluate coverage as the primary policy.

Process & Timing

1. Who files: You (policyholder or listed driver). Where: Your insurer’s claims department (online portal or phone); if pursuing the other driver, file with their insurer too. What: Notice of loss, photos, repair estimate, and any proof of loss your policy requires. When: Notify your insurer promptly per your policy; lawsuits for vehicle damage generally must be filed within three years.
2. Investigate and estimate: The adjuster reviews coverage and fault, may take a statement, inspect the vehicle, and issue a repair estimate or authorize a shop. County practices and shop scheduling can affect timing.
3. Resolution or dispute: Your insurer pays per the policy (less any deductible) or issues a denial with reasons. If the other driver’s insurer denies liability but you disagree, consider negotiations, appraisal (if your policy has one), or a civil action in the Small Claims Division (up to $10,000 before a magistrate) or District Court, filed with the Clerk of Superior Court in your county.

Exceptions & Pitfalls

• Contributory negligence can bar a third‑party recovery if you were even slightly at fault; this does not erase collision coverage under your own policy if it applies.
• Do not ignore policy duties: late notice, refusing an inspection, or skipping a requested statement can jeopardize benefits.
• Recorded statements to the other driver’s insurer can be used against you; keep them brief and factual, or consult counsel first.
• Coverage through a relative’s policy depends on residency, ownership, and permissive use; confirm who is an “insured” under that policy.
• If claim handling seems unfair (e.g., unexplained delays or lowballing), North Carolina law prohibits unfair claim settlement practices; documented timelines and written communications help preserve your rights.

Talk to a Personal Injury Attorney

If you're dealing with car repairs after a crash and a police report that blames you, 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.