Short Answer

In North Carolina, an insurance company’s denial does not decide who was at fault—it is just the insurer’s position. If the other driver’s insurer denies responsibility, you generally have three practical paths: (1) submit more proof and push back, (2) make a claim under your own uninsured/underinsured motorist coverage if it applies, and/or (3) file a lawsuit so a court can decide fault and damages. The key is to protect the statute-of-limitations deadline while you investigate and negotiate.

Understanding the Problem

If you were hurt in a North Carolina crash and the other driver’s insurance company says its driver is not responsible, you may wonder whether you can still pursue compensation and what you must do next—especially if you already reached out to a law office and are waiting to speak with an attorney about the accident.

Apply the Law

North Carolina is a fault-based state for car wrecks. That means you typically must prove the other driver was negligent (careless) and that their negligence caused your injuries and losses. An insurer can deny liability for many reasons—disputing who caused the crash, arguing you share fault, or claiming there is no coverage—but the final decision on legal responsibility is made by a judge or jury if the case is filed and litigated.

Two North Carolina rules matter a lot when an insurer denies responsibility: (1) the deadline to file suit (the statute of limitations), and (2) North Carolina’s contributory negligence rule, which can bar recovery if the defense proves you were even slightly negligent and that negligence contributed to the crash. Also, if the denial is really a coverage denial (not just a fault dispute), your own uninsured/underinsured motorist coverage may become important.

Key Requirements

• Prove the other driver’s negligence: You must show the other driver breached a safety duty (like failing to yield or following too closely) and that breach caused the collision.
• Prove causation and damages: You must connect the crash to your injuries and financial losses with records and testimony (medical records, bills, wage proof, repair estimates, etc.).
• Beat contributory negligence: The defense may argue you also acted carelessly; if they prove contributory negligence, it can completely block recovery in many cases.
• File before the deadline: If negotiations stall after a denial, you may need to file a lawsuit before the statute of limitations expires to preserve the claim.
• Use UM/UIM when coverage is missing or limited: If the other driver is uninsured, a hit-and-run driver cannot be identified, or the liability insurer denies coverage, your UM coverage may apply; if the other driver’s limits are not enough, UIM may apply once liability coverage is exhausted.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury claims (including most car wreck injury claims).
• N.C. Gen. Stat. § 1-53 (Two years) - Includes a two-year limitations period for wrongful death claims.
• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM) - Governs required uninsured/underinsured motorist coverage and key procedures/definitions, including when a vehicle can be treated as uninsured if the liability insurer denies coverage.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.

Analysis

Apply the Rule to the Facts: Because the insurer has denied responsibility (or may do so), the practical focus becomes proof and deadlines. The next step is usually to gather the evidence that supports negligence, causation, and damages, and to evaluate whether the denial is really about fault, about coverage, or both. If the denial does not change after you provide supporting information, you may need to file suit in the appropriate North Carolina court before the three-year deadline (or two years in a wrongful death case) to keep the claim alive.

Process & Timing

1. Who files: The injured person (plaintiff), typically through an attorney. Where: North Carolina state court (usually the county where the crash happened or where the defendant lives). What: A civil Complaint and Summons naming the at-fault driver (and sometimes other responsible parties). When: Generally, file before the three-year statute of limitations for injury claims expires (and two years for wrongful death).
2. Next step: Serve the defendant with the lawsuit and exchange evidence through discovery (documents, written questions, depositions). This is often where disputed-fault cases become clearer because both sides must produce information.
3. Final step: The case may resolve by settlement after discovery/mediation, or it may go to trial where a judge or jury decides fault and damages.

Exceptions & Pitfalls

• Contributory negligence arguments: Insurers often deny liability by claiming you contributed to the crash (speed, lookout, following distance, lane position). In North Carolina, that defense can be case-ending if proven, so evidence and careful statements matter.
• Coverage denial vs. liability denial: “Our driver isn’t at fault” is different from “there is no coverage.” If coverage is denied, your UM coverage may treat the other vehicle as uninsured under North Carolina law, but you still must prove the other driver’s negligence and your damages.
• Recorded statements and early paperwork: After a denial, adjusters may seek statements or documents that lock in a version of events before you have all facts. Inconsistencies can be used to support a denial.
• Settling property damage without reading the release: North Carolina law allows property-damage settlements without automatically admitting liability or releasing injury claims, but a written settlement agreement can still release more than you intended if it is drafted broadly.
• Waiting too long to file: A denial sometimes signals the insurer will not pay without litigation. If you wait until the deadline is close, you may lose leverage and options.

Conclusion

If the other driver’s insurance denies responsibility for a North Carolina crash, that denial does not end your claim—it means you likely need stronger proof, a different coverage path (like UM/UIM), or a lawsuit so a court can decide fault. The controlling issue is still whether you can prove the other driver’s negligence, your damages, and avoid a contributory negligence defense. Your most important next step is to calendar the three-year filing deadline and file a complaint in the proper North Carolina court before it expires if the claim does not resolve.

Talk to a Personal Injury Attorney

If you’re dealing with a car wreck claim where the other driver’s insurance denies responsibility, our firm has experienced attorneys who can help you understand your options, gather the right proof, and protect your deadlines. Call [CONTACT NUMBER] to discuss your situation.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.