What can I do if the driver's insurance company denies liability for a pedestrian accident?

Why the Insurance Company May Have Denied Liability

An insurer may deny liability because the driver disputes running the red light, the available evidence does not establish which signal was showing, or the insurer claims the pedestrian crossed outside the crosswalk or against a pedestrian signal. The denial may also be based on an incomplete investigation.

Start by requesting the denial and its factual basis in writing. Ask what evidence the adjuster considered, such as the police report, driver statement, witness accounts, photographs, or video. This can help you identify what is missing or disputed. You do not have to assume that the adjuster’s first conclusion is final, but a successful challenge usually requires more than repeating the original account.

Evidence That May Support a Challenge to the Denial

Pedestrian accidents often turn on details that can disappear quickly. Useful evidence may include:

• The police crash report and any supplemental report.
• The investigating officer’s notes, scene diagram, photographs, recordings, witness statements, dispatch information, or 911 records, if available.
• Names and current contact information for witnesses, including people waiting near the bus stop.
• Video from a bus, transit system, nearby business, residence, intersection, or other camera.
• Photographs showing the crosswalk, stop line, traffic lights, pedestrian signals, sight lines, lighting, and nearby signs.
• Vehicle photographs and information about the location of impact or vehicle damage.
• Clothing, shoes, a damaged phone, or other physical items from the collision.
• Medical records, bills, emergency records, visit summaries, and records describing reported symptoms.
• The prior attorney’s complete file, including correspondence with the insurer, evidence requests, witness information, and any deadline notes.

Video should be requested promptly because some systems routinely overwrite recordings. Witnesses should also be contacted while their memories are relatively fresh. If memory problems make it difficult to reconstruct events, contemporaneous records, 911 calls, witness accounts, and scene evidence may be especially important.

A police report is useful, but it may not contain every relevant fact. The investigating officer’s broader file may include handwritten diagrams, field notes, recordings, photographs, or statements that do not appear in the standard report. Access to some law-enforcement materials may require a formal request or additional legal process.

How North Carolina Pedestrian and Fault Rules Affect the Claim

The traffic-control setup matters. Under N.C. Gen. Stat. § 20-172, a pedestrian facing a WALK signal may proceed in the signal’s direction and must be given the right-of-way. If no separate pedestrian signal is present, the vehicle traffic signal may control pedestrian movement. When signals were operating, evidence about the light sequence and what each person faced can be central to liability.

North Carolina also permits a contributory negligence defense. If the defense proves that the injured pedestrian failed to use reasonable care and that this conduct helped cause the accident, the claim can face a substantial legal barrier. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

For that reason, the evidence should not focus only on whether the driver ran a red light. It should also show where the pedestrian entered the road, which signal the pedestrian faced, whether the pedestrian remained in or near the crosswalk, visibility conditions, and whether there was a reasonable opportunity to observe or avoid the vehicle. The insurer may examine gaps in treatment, prior conditions, or differences between medical histories and claim statements, so complete and accurate records matter.

Steps for Asking the Insurer to Reconsider

1. Obtain the precise reason for denial. A written explanation helps separate a lack-of-evidence denial from an allegation that the pedestrian caused or contributed to the accident.
2. Build a clear timeline. Record the pedestrian’s path, traffic and pedestrian signals, point of impact, emergency response, treatment dates, and later communications with the insurer.
3. Preserve independent evidence. Send appropriate preservation requests for potentially relevant recordings before they are erased. Save witness information and original photographs.
4. Organize the medical documentation. Keep emergency records and later treatment records together. Document symptoms accurately and follow the instructions of medical providers. Records should help show when symptoms were first reported and how they developed.
5. Submit a focused reconsideration package. Address each stated reason for denial with the available report, witness accounts, photographs, video, records, and a concise explanation of the traffic rules involved.
6. Evaluate whether a lawsuit is necessary. If the insurer maintains its denial, a claim may need to be pursued against the driver through the court process when the evidence and law support doing so. Filing a lawsuit involves different procedural and proof requirements from exchanging information with an adjuster.

Be cautious about giving a new recorded statement without first understanding why the claim was denied. An insurer may compare the statement with the police report, medical histories, prior statements, and witness accounts. Avoid guessing about details you do not remember.

Do Not Let Reconsideration Discussions Hide the Deadline

Many North Carolina personal injury lawsuits are subject to a three-year filing period under N.C. Gen. Stat. § 1-52, although the correct deadline depends on the claim and circumstances. Asking an insurer to reconsider, exchanging documents, or continuing settlement discussions does not automatically extend the time to file a lawsuit.

The accident date, prior representation, the identity of the responsible parties, and any unusual circumstances should be reviewed promptly. Waiting can also make it harder to locate witnesses or preserve recordings even when the filing deadline has not yet expired.

How This Applies to the Reported Pedestrian Accident

Here, the central factual issue is whether the driver entered against a red light while the pedestrian was crossing in or near the crosswalk by the bus stop. The police report, potential witnesses, bus or nearby video, signal information, and the officer’s underlying materials may help resolve that dispute. The exact location where the pedestrian entered the road and the pedestrian signal status also matter because the insurer may attempt to raise contributory negligence.

The reported loss of consciousness and later memory concerns make records created close to the collision particularly important. Emergency records, witness observations, 911 communications, and the individual’s earliest descriptions of symptoms may help document the sequence of events without relying only on later memory. Records from chiropractic care and any earlier medical history should be collected completely because insurers often examine treatment timing, gaps, and prior conditions when disputing whether an accident caused particular injuries.

The prior attorney’s file should be obtained and reviewed rather than assuming the police report is the entire record. It may contain insurer correspondence, witness leads, photographs, signed authorizations, prior statements, or evidence-preservation work that affects the next step.