Short Answer

Yes. You can ask the insurer to reconsider a denial and submit the police report with other evidence supporting your version of the crash. The report can be important, but it does not automatically control the insurer’s liability decision. In North Carolina, any allegation that your conduct helped cause the collision must be taken seriously because contributory negligence can create a major obstacle to recovery.

Why a Police Report Can Support a Challenge Without Deciding Fault

A North Carolina crash report may identify the drivers, vehicles, witnesses, insurance companies, road conditions, citations, contributing circumstances, and the investigating officer’s understanding of how the collision occurred. It may also include a diagram showing vehicle movements and the reported point of impact.

Those details can support a request for reconsideration, especially when they are consistent with photographs, physical damage, witness accounts, or statements made at the scene. Under N.C. Gen. Stat. § 20-166.1, law enforcement investigates reportable crashes and prepares a written report containing information about the crash. The statute also provides that a law enforcement report may be used as permitted by the rules of evidence.

However, a crash report is usually a starting point rather than the entire case. An officer may not have witnessed the collision. The report may depend on statements from the drivers or witnesses, and it may not include every photograph, measurement, recording, or later-discovered fact. Questions about which portions could be admitted in court are separate from whether an adjuster considers the report during a claim investigation.

How to Request Reconsideration of the Denial

Begin by obtaining the insurer’s denial in writing. The letter should identify the stated reason for finding you fully or partly at fault. If the explanation is vague, you may request clarification about the facts the adjuster relied on.

A focused written response is generally more useful than simply stating that the decision is unfair. Your response can:

1. Identify the disputed findings. For example, explain whether the disagreement concerns a vehicle backing up, each vehicle’s location, right of way, or the point of impact.
2. Connect evidence to each disputed fact. Explain how the report diagram, narrative, witness information, or contributing-circumstance codes relate to your account.
3. Submit supporting materials together. Include clear photographs, videos, repair documents, witness contact information, and relevant communications.
4. Ask for a new liability review. Request written confirmation of whether the insurer changes its decision and, if not, the basis for maintaining the denial.

An earlier communication suggesting that the liability decision may have been mistaken should also be preserved. It may show that the insurer previously understood the facts differently, although it does not necessarily establish an admission or require the insurer to reverse the denial.

Evidence That May Matter Beyond the Crash Report

When drivers give conflicting accounts, physical and time-sensitive evidence can become especially important. Preserve or gather:

• The complete DMV-349 crash report, including all pages, codes, narratives, and diagrams.
• Any supplemental report prepared after the initial report.
• Photographs of both vehicles from multiple angles, including close and wide views of the damage.
• Repair estimates or invoices identifying damaged vehicle components, including damage behind a bumper if documented.
• Scene photographs showing lane markings, parking spaces, driveways, signs, sight lines, and debris.
• Available dash-camera, business surveillance, residential camera, or parking-lot video.
• Names and contact information for witnesses.
• Messages, emails, denial letters, claim notes provided to you, and prior communications about liability.
• Your own prompt, factual account of vehicle positions and movements, prepared while your memory is fresh.

The investigating agency may possess more than the final report. Depending on what was collected, its file could include field notes, a hand-drawn diagram, photographs, driver or witness statements, dispatch information, or recordings. Video can disappear quickly, and damaged vehicles may be repaired or disposed of, so preservation should not be delayed.

Vehicle damage photographs can help test competing accounts, but they should be evaluated carefully. A photo may show where a vehicle was struck without independently proving every movement before impact. The strongest presentation usually explains how the report, damage pattern, scene evidence, and witness information fit together.

North Carolina’s Contributory Negligence Issue

North Carolina permits a defendant to raise contributory negligence as a defense. If the defense proves that the injured person failed to use reasonable care and that this failure helped cause the injury, the rule can seriously affect the claim. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally has the burden of proving that defense.

For that reason, a challenge should address both sides of the collision. It should explain what the other driver allegedly did wrong and why your own actions were reasonable under the circumstances. Avoid guessing about speed, distance, or timing. An unsupported estimate can create inconsistencies that the insurer may use to defend its decision.

How This Applies to the Disputed Crash

Here, the central issue is not merely that the police report favors the injured driver. The question is whether the available evidence reliably establishes the other vehicle’s movement, the location of impact, and each driver’s conduct before the collision.

If the report indicates that the other driver was backing up, the challenge should point to the exact narrative, diagram, code, or witness entry supporting that conclusion. The vehicle photographs should then be organized to show whether the location and direction of damage are consistent with that account. The earlier communication suggesting a possible mistake in the liability decision should be included with the insurer’s later denial so the insurer can address the inconsistency directly.

If important information is missing or incorrect, the injured driver may contact the investigating agency to ask about its process for submitting additional information or determining whether a supplemental report is appropriate. The officer or agency may decline to change an opinion, and a revised report is not required before other evidence can be presented to the insurer.

A Denial Does Not Stop the Filing Deadline

Requesting reconsideration does not automatically extend the time to file a lawsuit. N.C. Gen. Stat. § 1-52 establishes a three-year period for many North Carolina personal injury and property-damage actions, although the correct deadline depends on the claim and facts.

Continuing discussions with an adjuster, sending more photographs, or waiting for a supervisor’s review generally does not pause that period. A person facing a denial should confirm the applicable deadline rather than relying on the insurer’s review process.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may review the denial, the complete crash report, vehicle photographs, prior insurer communications, and available witness evidence. The firm may also help identify factual inconsistencies, organize a written reconsideration request, assess a contributory-negligence argument, and determine whether additional records should be requested from the investigating agency.

If the insurer maintains its position, an attorney can explain possible next steps and applicable deadlines. Whether a claim can proceed depends on the evidence, North Carolina law, available insurance coverage, and the specific circumstances of the collision.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.