Short Answer

In North Carolina, a traffic ticket is not required for an insurer to accept liability. You can prove fault with evidence showing the other driver broke the stop-sign rule, caused the crash, and caused your daughter’s injuries. Collect photos, witness statements, the crash report, and treatment records, and present them in a clear demand. If the carrier still delays or denies, you can file suit before the statute of limitations runs.

Understanding the Problem

You want to know how to persuade the at-fault driver’s insurer to accept responsibility in North Carolina when no citation was issued. The decision maker is the liability adjuster, and the immediate goal is a clear acceptance of fault so your property damage and injury claims can move forward. Here, no ticket was issued at the scene.

Apply the Law

North Carolina law requires drivers to stop at stop signs and yield the right-of-way before entering an intersection. An insurer does not need a ticket to accept liability; it looks for proof of a traffic-rule violation, causation, and damages. North Carolina follows contributory negligence, so the insurer will also look for any evidence that your daughter contributed to the crash. Claims are handled with the insurer first; if that fails, you can file a lawsuit in the General Court of Justice. The typical deadline to file an injury lawsuit is three years from the crash, with special timing rules for minors.

Key Requirements

• Duty and breach: Show the other driver failed to stop and yield at the stop sign.
• Causation: Connect that failure to the impact and your daughter’s injuries.
• Damages: Provide documentation of medical treatment, bills, and property loss.
• Corroboration: Use independent evidence (witnesses, photos, video, crash report) to back up your account.
• No contributory fault: Demonstrate your daughter did nothing to cause the crash.
• Timeliness: Press the claim promptly and track the lawsuit deadline if settlement stalls.

What the Statutes Say

• North Carolina Gen. Stat. § 20-158 (Stop and yield signs) - Drivers must stop and yield at stop signs.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1-17 (Tolling for minors) - Time limits are paused during a child’s minority.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claims practices) - Insurers must reasonably investigate before denying claims.

Analysis

Apply the Rule to the Facts: Your daughter says she was stopped at a stop sign when the other driver rolled through and hit her. That fits a breach of the stop-sign rule and, if supported by photos, damage patterns, or witnesses, shows fault. ER and chiropractic visits document injury and damages. Because no ticket issued, the insurer will focus on independent proof and any suggestion of shared fault; gathering neutral evidence helps secure a liability acceptance and reimbursement of your deductible.

Process & Timing

1. Who files: The parent files for the minor as “next friend.” Where: Open/continue the bodily injury and property damage claim with the at-fault insurer; if suit is needed, file in the General Court of Justice (District or Superior Court) in the county where the crash occurred or the defendant resides. What: Provide the crash report (DMV‑349), photos, vehicle damage estimates, independent witness statements, 911 audio if available, intersection videos, and medical records/bills; send a written demand summarizing liability, causation, and damages. When: Do this as soon as you can and track the three-year limitations period for injury claims.
2. Request a liability decision: After you supply the evidence, ask the adjuster for a liability determination and a target date. If the adjuster stalls, escalate to a supervisor and restate the evidence that proves the stop-sign violation and lack of contributory fault.
3. If no acceptance: File a lawsuit before the deadline. If you settle a minor’s claim, plan for court approval and restricted handling of settlement funds as required by the court.

Exceptions & Pitfalls

• Contributory negligence: Any evidence that your daughter moved into the intersection unsafely can bar recovery; use neutral witnesses, scene photos, and vehicle damage patterns to rebut this.
• No-ticket myth: A citation is not required; focus on evidence that proves the stop-sign breach and causation.
• Recorded statements: Give statements to your own insurer as required by your policy; avoid recorded statements to the at‑fault carrier without counsel.
• Evidence vanishes fast: Ask nearby businesses for video promptly; many systems overwrite in days. Save 911 audio and identify witnesses early.
• Treatment gaps: Keep follow-up appointments and keep bills/records organized; unexplained gaps can undermine causation.
• Minor settlements: Court approval is typically required for a child’s injury settlement, and funds may be restricted by court order. Build this into your timing.

Talk to a Personal Injury Attorney

If you're dealing with an insurer that won’t accept liability after a no‑ticket crash, our firm has experienced attorneys who can help you understand your options and timelines. Contact us today to discuss your case.

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.