Short Answer

In North Carolina, “fault” in a car accident injury case is decided by applying negligence rules to the evidence—what each driver did (or failed to do) and whether that conduct caused the crash and injuries. Insurance adjusters make an early fault decision for claim purposes, but a judge or jury makes the final decision if the case is filed in court. North Carolina’s contributory negligence rule can also matter: if the injured person is found even slightly at fault, it can bar recovery in many cases.

Understanding the Problem

If you were injured in a North Carolina motor vehicle crash, how do you show the other driver was at fault—and what happens if the other side claims you caused it? In your situation, you were involved in a motor vehicle accident and sustained injuries, so the key issue is how fault gets evaluated for an injury claim and who actually makes that decision.

Apply the Law

North Carolina fault decisions in injury cases usually turn on negligence: whether a driver failed to use reasonable care under the circumstances and whether that failure was a legal cause of the crash and injuries. In practice, fault is often debated first with insurance companies, but if the claim does not resolve, fault is decided in a civil lawsuit in North Carolina state court (typically in the county where the crash happened or where a defendant lives). North Carolina also follows contributory negligence in most ordinary negligence cases, meaning the defense may argue the injured person’s own carelessness contributed to the wreck.

Key Requirements

• Duty of reasonable care: Drivers must operate their vehicles with reasonable care and follow basic traffic safety rules.
• Breach (what went wrong): You must show the other driver did something unsafe (or failed to do something a careful driver would do).
• Causation: The unsafe conduct must be a cause of the crash and the injuries (not just bad driving in the abstract).
• Damages: You must have actual losses from the crash (injuries and related harms).
• Contributory negligence defense: The other side may try to prove you were also negligent; in North Carolina, that can defeat the claim in many situations.
• Proof and documentation: Fault is decided from evidence such as witness accounts, photos/video, vehicle damage patterns, medical records, and (often) the investigating officer’s crash report.

What the Statutes Say

• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - The party asserting contributory negligence has the burden of proving it.
• N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) - Requires reporting and investigation of reportable crashes and addresses how certain crash reports may (or may not) be used as evidence.
• N.C. Gen. Stat. § 20-166 (Duty to stop and exchange information) - Sets duties after a crash, including stopping, providing information, and rendering reasonable assistance.

Analysis

Apply the Rule to the Facts: Because you were injured in a motor vehicle accident, fault will be evaluated by looking at what each driver did leading up to the crash, whether any unsafe driving caused the collision, and whether your injuries flowed from that impact. If the other driver’s conduct caused the crash, that supports liability. But the defense may still argue contributory negligence—claiming you also made a driving mistake that contributed—so the evidence needs to address both what the other driver did wrong and why your own conduct was reasonable.

Process & Timing

1. Who files: Usually the injured person (through an attorney) starts by opening an insurance claim; if needed, the injured person (plaintiff) files a civil lawsuit. Where: Insurance claim with the at-fault driver’s insurer; lawsuit in North Carolina state court (typically in the county tied to the crash or defendant). What: Claim submission package (medical records/bills, wage documentation, photos, witness info, crash report if available); if suit is filed, a civil complaint and summons. When: As soon as practical after the crash so evidence is preserved; if you are facing a legal deadline, you should act promptly because missing it can end the case.
2. Investigation and fault evaluation: The insurer reviews statements, vehicle damage, scene evidence, and the investigating officer’s report. Disputes often come from conflicting statements, unclear right-of-way facts, or gaps in documentation.
3. Resolution or court decision: Many cases resolve by settlement once the evidence and medical picture are clear. If not, a judge or jury decides fault after both sides exchange evidence and present testimony.

Exceptions & Pitfalls

• Contributory negligence disputes: In North Carolina, the defense may try to bar the claim by proving you contributed to the crash; they carry the burden of proof on that defense, but you still need to be ready to address it with facts and documentation.
• Overreliance on the police report: A crash report can be important, but it is not always the final word on fault. Insurers and courts may focus on underlying evidence (photos, measurements, witness testimony) and may dispute conclusions.
• Recorded statements and early admissions: What you say to an adjuster can be used to argue you accepted blame or were unsure about key facts. It is safer to stick to what you know and avoid guessing.
• Gaps in medical treatment: Delays or inconsistent treatment can be used to argue your injuries were not caused by the crash or were not serious, which can indirectly affect how the insurer views the overall claim.
• Missing or delayed documentation: Not obtaining the crash report, witness contact information, photos, or vehicle damage documentation early can make fault harder to prove later.

Conclusion

In North Carolina, fault in a car accident injury case is decided by applying negligence rules to the evidence: who acted unreasonably, whether that conduct caused the crash, and whether it caused the injuries. Insurance companies make an initial fault call, but a judge or jury decides if the case goes to court. Because contributory negligence can defeat a claim, your next step should be to gather and preserve key evidence (including the crash report and witness information) as soon as possible.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina car accident where the insurance company is disputing who caused the crash, an attorney can help you understand how fault is evaluated, what evidence matters most, and what timelines you need to protect. Reach out today to discuss your options and next steps.

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.