Short Answer

In North Carolina, you prove a stop-sign violation the same way you prove any fault claim: with reliable evidence showing the other driver failed to stop and that failure caused the crash. Start by collecting the police crash report, witness information, photos/video, and any vehicle or phone data that shows speed, braking, and point of impact. If the insurer still denies liability, the next step is usually a formal demand backed by documentation—or filing a lawsuit where you can use subpoenas and sworn testimony to prove what happened.

Understanding the Problem

If you were driving in North Carolina and the other driver denies running a stop sign at a four-way stop, you may be asking what you can use to prove they did not stop and why their insurance company should accept responsibility. This question matters because the insurer will often deny a claim when the drivers’ stories conflict, even if there was a police report and a witness at the scene. You are in the right place if your goal is to understand what proof actually moves the needle in a stop-sign dispute and what you can do next if the adjuster will not change their position.

Apply the Law

Under North Carolina law, drivers must obey stop signs and stop where the law requires before entering an intersection. At multi-way stops, a driver must stop and then proceed with caution, yielding as required by the right-of-way rules. In an insurance dispute, the practical issue is proving (1) the other driver failed to stop or failed to yield after stopping, and (2) that failure caused the collision and your damages. If the dispute cannot be resolved informally, the forum that ultimately decides fault is the North Carolina civil court system, not the insurance company.

Key Requirements

• Duty (stop and yield): Show the intersection was controlled by stop signs and the other driver had a duty to stop at the proper location and yield before entering.
• Breach (what they did wrong): Prove the other driver either did not stop at all or stopped but entered when it was not safe (failure to yield at a four-way stop).
• Causation: Connect the stop-sign breach to the crash mechanics (who entered first, where the impact occurred, and why the collision happened).
• Damages: Document vehicle damage and any injury-related impact (even if you have not treated yet, your records and timeline still matter).
• Contributory negligence risk: Be prepared for the insurer to argue you also did something unsafe; in North Carolina, even small fault allegations can be case-changing, so details matter.

What the Statutes Say

• N.C. Gen. Stat. § 20-158 (Vehicle control signs and signals) - Requires drivers to obey stop signs, stop at the proper place, and proceed with caution; the statute also explains how stop-sign facts may be considered in negligence disputes.
• N.C. Gen. Stat. § 20-155 (Right-of-way) - Provides general right-of-way rules that often come up when both drivers claim they had the right to go.
• N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) - Requires law enforcement investigation and reporting for reportable crashes and explains public access and certain evidentiary limits.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.

Analysis

Apply the Rule to the Facts: Based on your facts, the key proof points are (1) whether the other driver failed to stop or failed to yield at the four-way stop, and (2) whether that failure caused the collision that damaged your vehicle. The police report and the on-scene witness can be important because they may support the intersection layout, point of impact, and what each driver did immediately before the crash. Because you report ongoing lower-back pain but did not seek treatment, the insurer may also challenge whether the crash caused an injury, so documenting symptoms and timing becomes part of proving damages.

Process & Timing

1. Who files: You (or your attorney) submit a liability demand to the other driver’s insurer. Where: Directly to the insurance adjuster handling the claim in North Carolina. What: A written demand package with the crash report, witness statement/contact info, photos/video, repair estimate(s), and a clear diagram/timeline of the four-way stop. When: As soon as you can gather the evidence while memories and video footage are still available.
2. Build proof that matches the elements: (a) intersection control (photos of stop signs/stop lines/sight lines), (b) breach (witness statement, any nearby video, vehicle damage patterns, skid/brake marks, event data if available), and (c) causation (why the impact location is consistent with them entering without yielding). If the insurer disputes injury, add a symptom timeline and any medical evaluation you choose to obtain.
3. If denial continues: The next step is often filing a civil lawsuit in the appropriate North Carolina trial court so you can use formal tools like subpoenas, sworn testimony, and document requests (for example, to obtain video footage, phone records if relevant, or vehicle data). A case can also resolve through settlement after litigation begins, but the lawsuit is what creates enforceable deadlines and evidence-gathering rights.

Exceptions & Pitfalls

• “They stopped, you were speeding” defenses: Even if the other driver ran the stop sign, insurers often argue you approached too fast, failed to keep a proper lookout, or entered out of turn. In North Carolina, these arguments can be serious because they aim to shift some fault to you.
• Police report limits: A crash report can be very helpful for investigation and claim handling, but it is not the same thing as a judge’s finding of fault. Insurers may dispute the officer’s conclusions and focus on what can be independently verified (photos, measurements, witness accounts, video).
• Witness issues: A witness who “saw it all” is powerful, but only if you can locate them later and their story stays consistent. Get full contact information quickly and ask for a written statement while the memory is fresh.
• Scene evidence disappears: Skid marks fade, debris gets cleared, and vehicles get repaired. Take photos of the intersection, signage, and vehicle damage as soon as possible.
• Gaps in injury documentation: If you have ongoing lower-back pain but no treatment, the insurer may argue the pain is unrelated or minor. If symptoms continue, consider getting a medical evaluation so there is a record tying timing and complaints to the crash.
• Recorded statements: Adjusters may request a recorded statement early. A careless statement about speed, distraction, or “not seeing them” can be used to argue you share fault. It is often safer to provide a clear written account supported by documents.

Conclusion

To prove the other driver ran the stop sign in North Carolina after an insurance denial, you need evidence that they failed to stop or failed to yield at the four-way stop and that this breach caused the collision and your damages. The strongest proof usually combines the crash report, a cooperative witness, intersection photos/video, and damage patterns that match your timeline. Your next step is to send a documented demand to the insurer and, if the denial continues, consider filing a civil lawsuit to use subpoenas and sworn testimony to prove fault.

Talk to a Personal Injury Attorney

If you're dealing with a stop-sign crash where the other driver’s insurance company denies responsibility, a personal injury attorney can help you gather and preserve evidence, present a clear liability demand, and protect you from common blame-shifting defenses. Reach out today to discuss your options and timelines.

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.