Short Answer

In North Carolina, contributory negligence can completely bar your recovery if the other side proves you were even slightly negligent and that negligence helped cause the crash. If the insurer is claiming you failed to yield, they are trying to set up that “you contributed” defense. That does not automatically end your claim, though—fault still has to be proven with evidence, and “failure to yield” is not always treated as automatic negligence in every situation.

Understanding the Problem

If you were hurt in a North Carolina car wreck and the other driver’s insurer says you “didn’t yield,” the key question is whether your actions count as contributory negligence that would block you from recovering money from the other driver. Here, the denial is based on the police report’s description of the crash.

Apply the Law

North Carolina follows the contributory negligence rule in most ordinary car-accident injury cases. That means the other driver (and their insurer) can avoid paying if they prove (1) you were negligent and (2) your negligence was a cause of the collision and your injuries. Contributory negligence is a defense, and the party raising it has the burden of proof.

When the dispute involves “not yielding,” the legal question usually becomes whether you violated a right-of-way rule and whether that violation was unreasonable under the circumstances and contributed to the crash. Importantly, North Carolina has a specific yield-sign statute that says a failure to yield at a posted yield sign is not automatically negligence “per se”; instead, it is a fact to consider along with everything else.

Key Requirements

• The insurer must prove contributory negligence: It is not enough to accuse you of “not yielding.” They must show you acted unreasonably and that your conduct contributed to causing the wreck.
• A right-of-way rule must actually apply: Different rules apply depending on whether this was a yield sign, a four-way intersection, a left turn, or entering from a driveway/private road.
• Causation matters: Even if you made a mistake, the defense generally requires that the mistake helped cause the collision (not just that it appears in a report).
• Police reports are not the final word: Insurers use them, but liability is decided based on the full evidence (scene facts, vehicle damage, witness statements, and sometimes video), not just the officer’s summary.
• “Yield” violations are not always automatic negligence: For posted yield signs, the statute says the failure is not negligence per se; it is weighed with the other facts.
• Deadlines still run while you treat: Ongoing medical care does not pause the civil filing deadline in a typical injury case.

What the Statutes Say

• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - The party asserting contributory negligence has the burden to prove it.
• N.C. Gen. Stat. § 20-158.1 (Yield signs; effect in civil cases) - A failure to yield at a posted yield sign is not negligence or contributory negligence per se; it is considered with other facts.
• N.C. Gen. Stat. § 20-155 (Right-of-way rules at intersections and left turns) - Sets out common right-of-way rules, including yielding when turning left.
• N.C. Gen. Stat. § 1-52 (Three-year limitation; many personal injury claims) - Commonly provides a three-year deadline for filing many injury lawsuits.

Analysis

Apply the Rule to the Facts: The insurer is denying liability by claiming you were at least partly at fault for failing to yield, based on the police report. In North Carolina, that argument matters because even a small amount of proven fault can bar recovery. But the insurer still has to prove you actually failed to yield under the correct right-of-way rule and that the alleged failure contributed to causing the crash, not just that the report suggests it.

Process & Timing

1. Who files: Usually the injured person (through an attorney) makes a bodily-injury claim with the at-fault driver’s insurer; if the claim cannot be resolved, the injured person files a lawsuit. Where: Typically in the North Carolina county where the crash happened or where the at-fault driver lives (in the appropriate North Carolina trial court). What: A civil complaint alleging negligence and damages. When: Often within three years for many personal injury claims, but deadlines can vary by claim type.
2. Investigation and proof building: The practical next step is gathering evidence that addresses the “yield” allegation—photos, intersection layout, vehicle damage points, witness statements, and any available video—because contributory negligence disputes are evidence-driven.
3. Medical billing while the claim is pending: While you continue treatment, you generally can use available health insurance and/or optional medical payments coverage (if you carry it) to keep bills from going to collections. Using your own coverage to pay medical bills is usually separate from proving who caused the crash, but you should assume there may be reimbursement/subrogation issues later depending on the coverage source and policy terms.

Exceptions & Pitfalls

• “Failure to yield” is fact-specific: A yield allegation may be weaker if the other driver was speeding, changed lanes unexpectedly, ignored a traffic control device, or was not visible when you began your movement—because those facts can change whether you acted reasonably and whether your conduct actually caused the impact.
• Do not treat the police report as a binding decision: Reports can contain errors, incomplete diagrams, or secondhand statements. Insurers may lean heavily on them, but they are not the only evidence that matters.
• Recorded statements can create contributory-negligence soundbites: A casual “I guess I didn’t see them” can be framed as an admission. It is usually safer to be careful and accurate about what you do and do not know.
• Medical billing choices can have downstream effects: MedPay or health insurance can help you access care, but there may be reimbursement claims later depending on the policy and payor. Keep copies of bills, EOBs, and payment ledgers so the numbers can be sorted out correctly.
• Waiting too long to investigate: Video footage and witness memories can disappear quickly. Contributory negligence cases often turn on early evidence preservation.

Conclusion

In North Carolina, contributory negligence can prevent you from recovering from the other driver if the insurer proves you were negligent and your negligence contributed to the crash—so a “didn’t yield” allegation is a serious issue. Still, the insurer must prove the right-of-way rule that applies, what you did, and how it caused the collision; a police report alone is not always the full story. Next step: protect your claim by having a lawyer evaluate the evidence and, if needed, file a lawsuit within the applicable deadline (often three years).

Talk to a Personal Injury Attorney

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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.