What can I do if the other driver's insurance company says my child was partly at fault for a car accident?

What the Partial-Fault Decision Means in North Carolina

An insurance adjuster's fault assessment is the company's claim position. It does not legally establish what happened, and you do not have to accept it without asking for the facts and reasoning behind it.

North Carolina does not generally use a comparative-fault system that automatically reduces a negligence claim according to a driver's assigned percentage. Instead, the other driver or insurer may raise contributory negligence. If the defense proves that the injured claimant failed to use reasonable care and that this failure helped cause the accident, the defense can create serious problems for the claim.

Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally has the burden of proving it. An insurer's statement that your child was partly at fault is therefore not proof by itself. The available evidence still matters.

The type of claim also matters. A claim for your child's injuries, a parent's property-damage claim, and a claim under the family's own collision coverage may involve different parties and policy terms. Coverage under a particular policy cannot be determined without reviewing that policy.

How to Challenge the Insurer's Fault Assessment

1. Request the decision in writing. Ask the adjuster to identify the conduct attributed to your child, the traffic rule or driving duty the company believes was violated, the evidence it relied on, and how that conduct allegedly contributed to the collision.
2. Obtain the complete crash report. Because law enforcement responded, request the DMV-349 report and ask whether a supplemental report was prepared. Under N.C. Gen. Stat. § 20-166.1, officers investigate reportable crashes and prepare written reports. The report is an important starting point, but it may not include every witness, photograph, statement, or relevant road condition.
3. Compare the report with the physical evidence. Review vehicle damage, impact locations, lane markings, traffic-control devices, debris, and the direction each vehicle traveled. Damage patterns may support or conflict with a driver's version of events.
4. Preserve independent evidence quickly. Nearby businesses, homes, traffic systems, or vehicles may have video, but recordings can be overwritten. Witness memories can also fade, and vehicles may be repaired before complete photographs are taken.
5. Submit a focused written response. Correct specific factual errors and attach useful supporting material. A concise explanation tied to evidence is usually more helpful than simply stating that the insurer is wrong.
6. Ask for reconsideration. Request that a supervisor or liability reviewer evaluate the additional evidence. Keep the claim number, date, name of each representative, and a copy of every communication.

Be accurate when communicating with either insurance company. Avoid guessing about speed, distance, timing, or what another driver saw. If the insurer asks for a recorded statement or a broad authorization, consider having the request reviewed before agreeing.

Evidence That May Help Show How the Crash Happened

Try to preserve or collect the following items:

• The DMV-349 crash report and any supplemental report.
• Photographs or video of the vehicles, roadway, traffic signals, signs, skid marks, debris, and sight obstructions.
• Dash-camera, doorbell-camera, surveillance, or passenger video.
• Names and contact information for witnesses.
• Your child's written recollection prepared while events are still fresh.
• Vehicle repair estimates, inspection records, towing documents, and photographs taken before repairs.
• Traffic citations and information about how any citation was resolved.
• The insurer's written liability decision and all emails, letters, text messages, and claim notes available to you.
• Your insurance declarations page and relevant claim correspondence, without assuming that any particular coverage applies.

A police report should not be treated as the only evidence. An officer may not have witnessed the collision and may have relied on incomplete or conflicting statements. At the same time, a factual error on the report should be addressed promptly with the investigating agency; the insurer cannot itself change the officer's report.

How This Applies to the Reported Accident

Here, law enforcement responded, no injuries were reported, and the other driver's insurer accepted most of the fault while assigning some fault to your child. The first practical step is to find out exactly what act the insurer attributes to your child. For example, the company may be relying on a disputed statement, an incorrect diagram, an alleged failure to keep a lookout, or an assumption about speed or lane position.

Next, compare that explanation with the crash report, photographs, vehicle damage, witness information, and your child's account. If the insurer's conclusion depends on an inaccurate fact, identify the error and provide the document or photograph that corrects it. If the report lists a witness or indicates that a supplemental investigation occurred, obtain that information as well.

Because no injuries were reported, the immediate dispute may concern vehicle damage, towing, rental expenses, or a deductible. If an injury is later identified, document the symptoms accurately, follow the instructions of medical providers, and keep the related records and bills. This does not mean that an insurer will accept causation or coverage.

Do Not Let the Dispute Hide a Deadline

Many North Carolina claims involving injury to a person or damage to personal property are subject to a three-year filing period under N.C. Gen. Stat. § 1-52. The correct deadline depends on the claim and facts, so it should be confirmed rather than assumed.

Negotiating with an adjuster, requesting reconsideration, or waiting for a supervisor's response does not automatically extend the deadline for filing a lawsuit. Also read any property-damage settlement, payment notation, or release carefully before signing. The wording determines which claims the document is intended to resolve.