Short Answer

Yes. In North Carolina, a police report is important, but it does not automatically decide who is legally at fault in a personal injury claim. You can still pursue a claim if you disagree with the report, but you must be able to prove the other driver was negligent and be prepared for the insurer to argue you were contributorily negligent (which can bar recovery in North Carolina). Also, you generally must file a lawsuit within three years of the crash to preserve your injury claim.

Understanding the Problem

If you were hurt in a North Carolina car crash and the police report says you failed to yield, you may wonder whether you can still bring an injury claim even though the other driver’s insurance company is denying fault based on that report.

Apply the Law

In North Carolina, an insurance adjuster may rely heavily on the crash report when deciding whether to accept or deny liability, but the report is not the same thing as a civil court decision. A personal injury claim still turns on whether the other driver was negligent and whether that negligence caused your injuries. North Carolina also follows a strict contributory negligence rule in many negligence cases: if the defense proves you were negligent and your negligence contributed to the crash, your injury recovery can be barred. If the insurer denies liability, the main forum to force a decision is a civil lawsuit in North Carolina District Court or Superior Court (depending on the case).

Key Requirements

• Proof the other driver was negligent: You need evidence the other driver failed to use reasonable care (for example, by violating a safety rule, misjudging traffic, or not keeping a proper lookout).
• Causation: You must connect the other driver’s negligence to the crash and to your injuries (medical records and treating-provider opinions often matter here).
• Damages: You must show real losses, such as medical treatment, missed work, or pain and limitations.
• Dealing with contributory negligence: The other side may argue your own driving mistake (like failing to yield) contributed to the collision, which can defeat the claim if proven.
• Timely filing: If the claim does not resolve, you generally must file suit within the statute of limitations to keep your rights.
• Understanding what the police report can and cannot do: A report can support or hurt your position, but it is not automatically the final word on fault.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury claims.
• N.C. Gen. Stat. § 20-166.1 (Crash reports; effect of report) - Addresses required crash reports and explains when certain reports may or may not be used as evidence.
• N.C. Gen. Stat. § 20-279.11 (Matters not to be evidence in civil suits) - Limits use of certain financial responsibility information from accident reports as evidence of negligence or due care.

Analysis

Apply the Rule to the Facts: Here, the insurer is denying liability because the police report says you failed to yield, which the insurer is treating as proof you caused the crash. Even so, you can still pursue a claim if you can develop evidence that the other driver was negligent and that their negligence caused the collision and your injuries. The main risk in North Carolina is that if the defense proves you were even partly at fault in a way that contributed to the crash, contributory negligence may bar recovery, so the details behind the “failure to yield” conclusion matter.

Process & Timing

1. Who files: The injured person (plaintiff). Where: North Carolina District Court or Superior Court in the county where the crash happened or where a defendant resides (venue rules can be fact-specific). What: A civil complaint alleging negligence and damages, then service of summons and complaint. When: Generally within three years of the crash for personal injury claims.
2. Investigation and claim development: Before (and sometimes after) filing, your side typically gathers the crash report, photos, vehicle damage information, witness statements, and medical records, and looks for inconsistencies or missing details in the report (for example, whether the officer arrived after the crash and relied on secondhand statements).
3. Resolution path: The case may resolve through settlement discussions, mediation, or (if needed) trial, where fault is decided based on admissible evidence rather than an adjuster’s interpretation of the report.

Exceptions & Pitfalls

• Contributory negligence risk: If the defense can prove you failed to yield (or made another driving mistake) and that it contributed to the crash, that can defeat an injury claim in North Carolina even if the other driver also acted carelessly.
• Assuming the police report is “final”: Officers often must make quick judgments with limited information. A report can be challenged with better evidence (independent witnesses, photos, scene measurements, video, or a clearer timeline).
• Waiting too long while still treating: Ongoing treatment is common, but you should not let medical care delay preserving evidence or tracking the three-year filing deadline.
• Medical bills while liability is disputed: Using your own coverage (like medical payments coverage, if you have it) can keep treatment moving, but you should understand how reimbursement or liens may work later depending on the coverage involved and the outcome of the claim.
• Recorded statements and early blame: Early statements to insurers can be used to argue you admitted fault or were inconsistent. It is usually safer to be accurate, limited, and not guess about details you are unsure of.

Conclusion

You can still pursue a North Carolina personal injury claim even if the police report blames you, because the report does not automatically decide civil liability. The key is whether you can prove the other driver’s negligence caused the crash and avoid a contributory negligence finding that could bar recovery. The most important deadline is the general three-year statute of limitations. A practical next step is to have a lawyer review the crash report and supporting evidence early enough to file a complaint in court before that deadline if the insurer will not accept liability.

Talk to a Personal Injury Attorney

If you're dealing with a crash where the police report blames you and the insurance company is denying fault, our firm has experienced attorneys who can help you understand your options, the contributory negligence risk, and the timelines that protect your claim. Call CONTACT NUMBER to talk about next steps.

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.