What happens if the insurance companies dispute whether the turning driver or the driver of the car I was riding in was at fault?

What an Insurance Dispute Means for an Injured Passenger

When two drivers give different accounts, each insurance company may argue that the other driver caused the crash. The turning driver’s insurer might claim that the approaching vehicle was speeding, failed to keep a proper lookout, or could have avoided the collision. The insurer for the vehicle carrying you might respond that the turning driver crossed directly into a lawful path of travel.

This disagreement can delay a liability decision, but it does not necessarily end your Durham injury claim. Insurance adjusters investigate liability by reviewing the police report, driver and witness statements, vehicle damage, photographs, traffic signals, video, and other available evidence. Because memories fade, vehicles are repaired, and recordings may be erased, collecting evidence promptly is important.

If neither insurer accepts responsibility, it may become necessary to pursue claims against both drivers while the evidence is developed. If a lawsuit is filed, the drivers can raise claims and defenses against each other, and the court or jury may ultimately decide which driver’s negligence caused the passenger’s injuries. The correct approach depends on the evidence and should not be based only on one adjuster’s opinion.

How North Carolina’s Left-Turn Rule Affects Fault

Under N.C. Gen. Stat. § 20-155, a driver turning left at an intersection must yield to an oncoming vehicle that is already in the intersection or is close enough to be an immediate hazard. Evidence that the passenger vehicle had a green light and was proceeding through the intersection may therefore be important.

The left-turn rule does not mean the turning driver’s insurer will automatically accept fault. The investigation may still address:

• Which traffic signal applied to each driver.
• How far away the approaching vehicle was when the turn began.
• The speed and lane position of both vehicles.
• Whether either driver was distracted or failed to maintain a lookout.
• The location and angle of impact.
• Whether witnesses had a clear view of the intersection.
• Whether traffic-camera, business, dashboard-camera, or phone video exists.

A police report can provide useful names, diagrams, observations, and insurance information. It is important evidence, but an officer’s report does not always resolve civil liability by itself.

Does the Driver’s Alleged Fault Count Against the Passenger?

Usually, a passenger’s conduct is considered separately from the conduct of the person driving. A passenger generally may rely on the driver to operate carefully unless dangerous conduct becomes sufficiently apparent that a reasonably careful passenger would respond. Simply riding in a vehicle does not, by itself, make the passenger responsible for a driver’s mistake.

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

For a passenger, relevant questions might include whether the passenger knew of an obvious danger, had a reasonable opportunity to react, and failed to act as a reasonably careful person would under the circumstances. Nothing in the stated facts suggests that the passenger controlled either vehicle, but every allegation should be evaluated carefully before a detailed recorded statement is given.

Which Insurance Policies May Need Notice?

A passenger can generally present a bodily injury claim to the turning driver’s liability insurer. If evidence suggests that the driver of the passenger vehicle was also negligent, that driver’s liability coverage may also need to be considered. A family relationship between the passenger and driver does not, by itself, answer whether a claim or coverage is available.

The policy for the vehicle carrying the passenger should be reviewed for all potentially relevant coverage. Depending on its language and the facts, this might include liability coverage, medical payments coverage, or uninsured or underinsured motorist coverage. Medical payments coverage, if purchased and applicable, may operate without deciding which driver caused the wreck. Uninsured or underinsured motorist coverage addresses particular coverage situations; it is not automatically triggered merely because two liability insurers disagree about fault.

Policy terms, insured status, notice requirements, limits, and the date of the collision matter. Preserve the declarations pages, policy documents, insurance cards, claim numbers, correspondence, and any written acceptance or denial of liability. Do not sign a release involving either driver without understanding whether it could affect another claim or policy.

Evidence and Records to Gather Now

An injured passenger should try to preserve the following items:

• The police crash report and any report or incident number.
• Names and contact information for witnesses.
• Photographs or video of the intersection, vehicle positions, damage, debris, and visible injuries.
• Ambulance, emergency department, imaging, hospital, and follow-up records.
• Medical bills, receipts, and written provider instructions.
• Letters, emails, text messages, and recorded-statement requests from both insurers.
• Insurance policies and declarations pages for the vehicles and potentially applicable household policies.
• Freelance contracts, invoices, calendars, tax records, canceled assignments, and client communications documenting lost work.
• A factual record of symptoms, appointments, work limitations, and out-of-pocket expenses.

Lack of health insurance does not determine who caused the crash. It can, however, make medical billing and documentation more difficult. Keep every bill and account statement, and follow the instructions of your medical providers.

How This Applies to the Reported Collision

Here, the passenger vehicle reportedly entered the intersection on a green light before an oncoming driver turned across its path and struck the driver’s side. That account places particular importance on the left-turn yielding rule, witness observations, traffic-signal information, vehicle damage, and any available video. The presence of police and witnesses may provide independent evidence beyond the drivers’ competing statements.

The ambulance transport, emergency treatment, fractured wrist, internal bleeding, bruising, and cuts also make complete medical documentation important. Possible freelance income loss should be supported with business records rather than estimates alone.

A claim can be opened with the turning driver’s insurer while notice is also provided to the insurer for the vehicle in which the passenger was riding. Giving notice does not mean that the passenger is accusing a spouse or accepting an insurer’s version of events. It can preserve the opportunity to investigate potentially applicable coverage while fault remains disputed.

Do Not Let the Insurance Investigation Consume the Filing Period

Many North Carolina personal injury actions are subject to a three-year filing period under N.C. Gen. Stat. § 1-52. The precise deadline can depend on the claim and parties involved.

Opening claims, exchanging documents, negotiating with adjusters, or waiting for the insurers to decide fault does not automatically extend the lawsuit deadline. When two insurers continue pointing at each other, the claims should be evaluated well before any possible filing date.