Short Answer

Yes. In North Carolina, the other driver’s insurance company may deny a vehicle damage claim if it believes your own negligence helped cause the crash. A police report that lists both drivers partly at fault is important, but it is not always the final word. The practical next step is to gather evidence that explains what happened and avoid assuming the insurer’s denial is automatically correct.

Why a “Partly at Fault” Listing Can Lead to a Denial

When you make a claim against the other driver’s insurance company, you are usually making a third-party liability claim. That insurer does not insure you. It evaluates whether its insured driver is legally responsible for your vehicle damage, bodily injuries, or both.

In many states, partial fault may simply reduce a claim. North Carolina is different. North Carolina allows contributory negligence as a defense. In plain English, if the insurance company can prove that your own lack of reasonable care helped cause the crash, even in a small way, that can create a serious problem for your claim.

The party raising contributory negligence generally has the burden of proving it. N.C. Gen. Stat. § 1-139 states that the party asserting contributory negligence has the burden of proof. That means an insurer should be looking at the actual facts, not just using a checked box on a report as a complete answer.

The Police Report Matters, But It Does Not Always Decide the Claim

A crash report can be a useful starting point. It may identify the drivers, vehicles, insurance information, location, weather, apparent contributing circumstances, witness names, and the officer’s observations. If the report says both drivers contributed to the crash, the other insurer may rely on that to deny your vehicle damage claim.

But a police report can also be incomplete or based on limited information. The officer may not have seen the crash happen. The report may rely heavily on statements from the drivers or witnesses at the scene. Sometimes a person is hurt, shaken, confused, or unable to give a clear statement right away. Sometimes the officer later files a supplement or additional information becomes available.

For that reason, a “partly at fault” notation should be reviewed against the full evidence, including:

• Photographs of the vehicles, the road, traffic signals, skid marks, debris, and final resting positions;
• Dash camera, business camera, doorbell camera, or traffic camera footage if available;
• Witness names, phone numbers, and written or recorded statements;
• The complete crash report and any supplemental report;
• Repair estimates, total loss paperwork, tow bills, storage bills, and rental records;
• Text messages, emails, claim letters, and adjuster notes or denial letters;
• Medical records and bills if anyone was injured.

If the issue is broader than vehicle damage, this related article may also help explain what happens when the insurance company says the accident was your fault.

Vehicle Damage and Injury Claims Are Related, But They Are Not Always Resolved Together

A vehicle damage claim and a bodily injury claim often come from the same Durham car accident, but they are not the same claim. Property damage usually concerns repair cost, total loss value, towing, storage, loss of use, rental issues, and related out-of-pocket expenses. A bodily injury claim may involve medical expenses, lost income, pain and suffering, future care if supported, and other injury-related losses.

North Carolina law recognizes this distinction. N.C. Gen. Stat. § 1-540.2 says that settling a vehicle property damage claim after a motor vehicle collision is not, by itself, an admission of liability and does not automatically release bodily injury claims unless the written settlement agreement specifically does so.

This matters because an insurer might pay for repairs but still dispute injuries, or it might deny property damage while the injury claim remains under review. Before signing any settlement paperwork, read whether the release is limited to vehicle damage or whether it attempts to release all claims from the crash.

What If Your Own Collision Coverage Is Available?

If the other driver’s insurance denies your vehicle damage claim, you may have the option to use your own collision coverage, depending on your policy. That is a coverage question, and the answer depends on your policy language, deductible, and the facts of the crash.

Using your own insurance does not necessarily mean the other driver was not at fault. Your insurer may evaluate whether it can seek reimbursement from the other driver’s insurer later. Save your declarations page, claim number, deductible information, estimates, payment summaries, and any letters about reimbursement or subrogation.

Can a Child’s Injury Claim Continue If the Insurance Companies Dispute Fault?

Yes, a child’s injury claim may still be evaluated even when the insurance companies dispute fault. The dispute does not automatically end the claim. The evidence still matters, including how the crash happened, who had the right of way, what each driver did, and how the child was injured.

If an insurer argues that a child was somehow partly responsible, North Carolina law treats children differently from adults in many situations. A child’s age, judgment, experience, and ability to appreciate danger can matter. In many car accident cases involving a child passenger, the focus is more often on the drivers’ conduct, available insurance, medical documentation, and whether the child’s injuries were caused by the crash.

If a child was hurt, keep the claim documents separate and organized. Preserve medical records, bills, school absence notes, photographs of visible injuries, and communications from each insurance company. Do not assume that an adult driver’s fault dispute automatically defeats a child’s claim.

How This Applies to a Durham Crash Where Both Drivers Are Listed Partly at Fault

In the fact pattern described, the police report lists both drivers as partly at fault. That gives the other driver’s insurer a reason to raise contributory negligence and deny the vehicle damage claim. But the report should not be the only evidence reviewed.

The key questions are usually:

• What did each driver do immediately before impact?
• Did one driver violate a traffic signal, fail to yield, speed, follow too closely, make an unsafe turn, or drive distracted?
• Is the officer’s fault notation supported by measurements, witness statements, photographs, or video?
• Did the report leave out facts that help explain why you acted reasonably?
• Are there independent witnesses or camera footage that were not available at the scene?
• Did the insurer deny the claim based only on the report, or did it explain the specific facts it relied on?

In a North Carolina personal injury claim, evidence should address both sides of the fault issue: what the other driver did wrong and why your actions were reasonable under the circumstances.

Deadlines Still Matter Even While Insurance Is Reviewing Fault

Insurance discussions do not automatically extend lawsuit deadlines. For many North Carolina personal injury and property damage claims, N.C. Gen. Stat. § 1-52 provides a three-year time period for many injury and property damage actions. Different claims can have different rules, so timing should be reviewed early.

If an insurer is still investigating, asking for documents, or discussing payment, that does not necessarily mean the legal deadline has moved. If the crash involved a child, additional procedural issues may also need attention, especially before any settlement of a minor’s injury claim is finalized.

Practical Steps After a Vehicle Damage Denial Based on Partial Fault

1. Ask for the denial in writing. Request the specific facts the insurer relied on, not just a general statement that you were partly at fault.
2. Get the full crash report. Check names, diagrams, vehicle directions, contributing circumstances, and whether a supplemental report exists.
3. Preserve photos and video quickly. Camera footage can disappear fast, especially from nearby businesses or private systems.
4. Save every property damage document. Keep estimates, total loss offers, tow and storage invoices, rental receipts, and repair communications.
5. Separate injury and vehicle files. A property damage dispute can overlap with an injury claim, but the documents and settlement papers should be reviewed carefully.
6. Be cautious with recorded statements. Give accurate information, but do not guess about speed, distance, timing, or fault if you do not know.
7. Review any release before signing. Make sure you understand whether it releases only vehicle damage or also injury claims.

For a deeper look at disputed liability, you may want to read about how fault is decided in a car accident injury case.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help when a Durham car accident claim is denied because the insurer says you were partly at fault. The work often starts with organizing the crash report, photographs, repair paperwork, insurance letters, medical documentation, and any witness or video evidence.

The firm can review whether the insurer’s position matches the available facts, identify missing evidence, help separate property damage issues from bodily injury issues, and explain how North Carolina contributory negligence may affect the claim. If a child was injured, the firm can also help the family understand the claim process and the additional care needed when a minor’s claim is involved.

No attorney can promise that an insurer will change its decision. But a careful review can help you understand whether the denial is supported, what information may still be needed, and what steps may make sense next.

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.