What can I do if my insurance company blames me for a collision I did not cause?

Start by Finding Out Why the Insurer Blamed You

Ask the adjuster for a written explanation of the fault decision. You should understand which facts the insurer accepted, what evidence it reviewed, and whether it relied on a crash report, driver statement, witness account, traffic citation, vehicle damage, or another source.

Request the claim number and the name and contact information of the person handling the claim. Keep copies of letters, emails, estimates, recorded-statement requests, and other communications. After a phone conversation, consider sending a short email confirming what was discussed.

If the insurer’s decision contains a factual mistake, identify it precisely. For example, explain whether the wrong direction of travel, traffic-signal status, point of impact, vehicle position, or driver statement was used. A focused written dispute supported by documents is generally more useful than simply stating that the decision is unfair.

Get the Full North Carolina Crash Report

A driver exchange form usually contains basic identifying and insurance information. It is not necessarily the complete North Carolina DMV-349 crash report. The full report may include a diagram, contributing circumstances, witness information, citations, insurance details, vehicle damage information, and the investigating officer’s narrative.

Under N.C. Gen. Stat. § 20-166.1, an investigating agency prepares a written report for a reportable collision, and law-enforcement crash reports are generally open to public inspection. A copy may be requested from the investigating police department, sheriff’s office, State Highway Patrol, or North Carolina Division of Motor Vehicles, depending on the circumstances.

Review the report carefully, including:

• The date, time, location, and direction each vehicle was traveling.
• The collision diagram and listed points of impact.
• Contributing circumstances assigned to each driver.
• Witness names and contact information.
• The officer’s narrative and any traffic violations listed.
• Whether the report mentions photographs, measurements, video, or a supplemental report.

A crash report is an important starting point, but it should not be treated as the only evidence. An officer may not have witnessed the collision and may have prepared the report from incomplete or conflicting statements.

How to Address Inaccurate Report Information

If the crash report contains an objective error, contact the investigating agency and ask about its correction or supplemental-report process. Identify the report number, the exact entry you believe is inaccurate, the requested correction, and the evidence supporting your request.

Useful supporting material may include photographs, video, witness contact information, vehicle records, or a clear written account of the collision. The agency or investigating officer decides whether to change or supplement the report. Even if no change is made, preserve your written request and supporting documents so they can be provided to the insurer or reviewed by an attorney.

Correcting a police report and disputing an insurance decision are separate tasks. If the agency issues a supplemental report, send it to the insurer with a written request for reconsideration. If the report remains unchanged, other evidence may still challenge the insurer’s conclusion.

Evidence That May Help Challenge the Fault Decision

Evidence can disappear quickly, particularly video that is routinely overwritten. Preserve or gather what is reasonably available, including:

• The driver exchange form and complete DMV-349 report.
• Photographs of the vehicles, roadway, traffic signals, signs, debris, and visible damage.
• Dash-camera, traffic-camera, business-security, or residential video.
• Names and contact information for passengers and independent witnesses.
• Repair estimates, inspection records, towing documents, and photographs taken by either insurer.
• Written, email, and text communications with insurance representatives.
• Medical records, bills, and visit summaries if an injury claim is involved.
• A dated personal account of what happened, written while the details are still fresh.

Do not alter photographs, video, or electronic files. Keep the original versions when possible. Also avoid guessing when communicating with an insurer. If you do not remember a detail, it is better to say so than to supply an uncertain answer that may later be treated as inconsistent.

Why a Fault Dispute Matters Under North Carolina Law

North Carolina allows contributory negligence as a defense. If the defense proves that an injured person’s own negligence helped cause the injury, that finding can create serious problems for the personal injury claim. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally has the burden of proving it.

Your evidence should therefore address both parts of the dispute: what the other driver did wrong and why your conduct was reasonable. In a red-light collision, relevant evidence may include the traffic-signal sequence, each vehicle’s lane and direction, witness observations, video, visibility, vehicle damage, and the timing of the impact.

An adjuster’s percentage or fault label is a claim-handling position. It is not automatically binding on another insurer, a judge, or a jury. However, it should not be ignored because it may affect how property-damage and injury claims are evaluated.

Request a Reconsideration in Writing

After gathering the available information, send the insurer a concise written request for review. The request can:

1. Identify the claim and collision.
2. State that you dispute the fault determination.
3. List the specific factual errors or missing evidence.
4. Attach relevant documents without sending away your only originals.
5. Ask for a written response explaining whether the decision changed and, if not, why.

Do not assume that ongoing discussions protect your right to file a lawsuit. N.C. Gen. Stat. § 1-52 provides a three-year period for many North Carolina actions involving personal injury or property damage, although the correct deadline depends on the claim and facts. Negotiations, report-correction requests, and an insurer’s internal review do not automatically extend the applicable filing deadline.

How This Applies to the Reported Red-Light Collision

Here, the driver exchange form can help identify the other driver, vehicles, insurers, and investigating agency, but the complete crash report should also be requested. The report should be checked for the traffic-signal description, directions of travel, diagram, contributing circumstances, witnesses, and any later supplement.

Because the individual says the other driver ran a red light, nearby video, independent witnesses, signal information, and physical damage may be particularly useful. Any inaccurate report entry should be raised with the investigating agency, while a separate written dispute and supporting evidence should be sent to the insurer.