Short Answer

You may still have options if both insurers deny liability, but you need to separate fault, insurance coverage, and lawsuit deadlines. In North Carolina, a denial letter is not the final word, and an uninsured motorist claim may be available if an at-fault driver had no valid coverage. The main risks are missing evidence, accepting an insurer’s version of the crash too quickly, or waiting too long to file suit.

What a Liability Denial Really Means

When an insurance company denies liability, it is usually saying one of two things: either its insured did not legally cause the crash, or the available evidence does not prove fault well enough for the insurer to pay voluntarily. That denial may be based on a police report, driver statements, video footage, witness information, vehicle damage, or the insurer’s own investigation.

A denial does not necessarily mean you have no claim. It means the insurer is not agreeing to pay at the claim stage. In a Durham injury claim involving more than one possible at-fault party, the next step is often to identify who may be legally responsible, what insurance may apply, and whether the evidence supports filing a lawsuit.

In the bus-and-car crash described here, there may be several separate questions:

• Did the car driver act negligently and cause the crash?
• Did the bus driver or bus company also do something that contributed to the crash?
• Is the car driver truly uninsured, or is there a coverage dispute?
• Does the injured person have uninsured motorist coverage through their own policy or a household policy?
• Is there video, and can it be obtained before it is deleted or overwritten?

Do Not Treat the Bus Insurer’s Video Claim as the Whole Story

If the bus company’s insurer says video footage shows the car driver caused the crash, ask for the denial in writing and preserve the issue immediately. Insurers do not always voluntarily provide video before litigation, and video may show only one angle. It may not capture speed, traffic signals, mirrors, blind spots, braking, lane position, or what happened before the clip begins.

Important evidence in a bus crash may include onboard video, dash video, exterior cameras, dispatch records, maintenance records, driver logs, route information, electronic data, witness names, 911 records, and the North Carolina crash report. If a lawsuit becomes necessary, formal discovery may provide tools to request evidence that was not shared during the insurance claim.

It is also important to investigate both drivers. Even if the car driver was primarily at fault, the bus driver or bus company could still be relevant if their conduct helped cause the crash. North Carolina cases involving multiple potential defendants require careful pleading and evidence review because one insurer may try to shift all blame to another party.

How North Carolina Fault Rules Can Affect a Denied Claim

North Carolina uses a contributory negligence rule. In plain English, if a defendant proves that the injured person’s own negligence helped cause the injury, that defense can create serious problems for the claim. The party raising that defense generally has the burden of proof under N.C. Gen. Stat. § 1-139.

For a passenger injured in a bus-and-car crash, contributory negligence may not be the main issue unless the insurer claims the passenger did something unreasonable that contributed to the injury. But fault can still be heavily disputed between the bus company, the car driver, and any uninsured motorist carrier. Evidence should address what each driver did and why the injured person’s claim is supported.

North Carolina also generally does not divide negligence by percentages in the same way some states do. In cases with more than one negligent defendant, identifying all potentially responsible parties may matter. A release or settlement with one party can affect rights against others if the paperwork is not handled carefully.

Check Whether Uninsured Motorist Coverage May Apply

If the car driver appears to be uninsured, uninsured motorist coverage may be an important option. North Carolina law addresses uninsured and underinsured motorist coverage in N.C. Gen. Stat. § 20-279.21. In general terms, that statute can treat a vehicle as uninsured when there is no applicable liability insurance or when the liability insurer denies coverage.

A practical step is to request written confirmation that the car driver had no coverage or that the carrier denies coverage. A written denial can be important when presenting an uninsured motorist claim. You should also gather all possible policies, including your own auto policy, policies for vehicles in your household, and any policy covering the vehicle you occupied, if applicable.

Do not assume your own insurer is on your side simply because it is your insurer. In an uninsured motorist claim, your insurer may investigate fault, damages, coverage, and whether another party should pay. The policy language, notices, timing, and lawsuit procedure can matter.

When Filing a Lawsuit May Be the Next Step

If the insurers will not accept liability voluntarily, a lawsuit may be the only way to move the claim forward. Filing suit can allow the injured person to name the responsible parties, require answers, use discovery, request records and video, take depositions, and have disputed facts decided through the court process.

That does not mean every denied claim should be filed immediately. Before filing, it is usually important to evaluate:

• Who should be named as defendants, including the car driver, bus driver, bus company, or other responsible parties;
• Whether the bus is privately owned, publicly operated, or connected to a government entity;
• Whether uninsured motorist notice requirements apply;
• Whether the available evidence supports negligence and causation;
• Whether medical records connect the injuries to the crash;
• Whether there are liens, health insurance payments, or other reimbursement issues;
• Whether any settlement or release documents have already been signed.

For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 provides a three-year deadline for injury claims. Different rules can apply in some cases, including claims involving government entities or wrongful death. Claim discussions with an insurer do not automatically extend the deadline to file a lawsuit.

Documents and Evidence to Gather Now

If both insurers are denying responsibility, organization becomes important. Save anything that helps prove what happened, what coverage exists, and how the crash affected you.

• All denial letters, emails, and claim numbers from each insurer;
• The police crash report and any exchange-of-information forms;
• Names and contact information for witnesses;
• Photos or videos of the vehicles, scene, bus, roadway, traffic controls, and visible injuries;
• Any letters saying the car driver was uninsured or that coverage is denied;
• Your auto insurance declarations page and any household vehicle policies;
• Medical records, bills, visit summaries, and discharge instructions;
• Proof of missed work or income loss, if applicable;
• Receipts for out-of-pocket costs related to the crash;
• Copies of any releases, settlement forms, or recorded statement requests.

If you believe bus video exists, act quickly. Some video systems overwrite footage after a set period. A written preservation request may help, but whether it is effective depends on the facts and timing.

How This Applies to the Bus-and-Car Crash Scenario

In the situation described, the bus company’s insurer is blaming the uninsured car driver and referring to video. That creates two immediate tasks: first, review whether the video actually rules out negligence by the bus driver or bus company; second, confirm whether the car driver is legally uninsured for purposes of an uninsured motorist claim.

If the injured person has possible uninsured motorist coverage, the claim may require notice to that insurer and may still require proving that the uninsured driver was negligent and caused the injuries. If the bus company may also share responsibility, the claim may need to preserve evidence against both the bus-related parties and the car driver. Filing suit may become necessary if the insurers refuse to resolve the claim or if evidence cannot be obtained informally.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help by reviewing the denial letters, identifying possible defendants, evaluating uninsured motorist coverage, and organizing the evidence needed to challenge an insurer’s liability position. In a disputed Durham crash involving a bus and an uninsured driver, the process may include requesting preservation of video, reviewing insurance documents, tracking deadlines, and assessing whether a lawsuit is the appropriate next step.

The firm cannot promise that an insurer will change its position or that a lawsuit will succeed. But a structured review can help clarify whether the denial is supported by the evidence, whether additional coverage may apply, and what steps should be considered before time-sensitive rights are lost.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.