In North Carolina, an insurer’s contributory negligence denial is not the final word. Contributory negligence is an affirmative defense the at-fault party must prove in court. You can challenge it by developing evidence that you were not negligent, that your conduct did not cause the crash, or that an exception applies (for example, the defendant’s willful or wanton conduct). If talks fail, file suit before the statute of limitations runs.
You were injured, submitted a claim, and the insurer repeatedly denied it, saying you were contributorily negligent under North Carolina law. They will not pay your medical bills, including chiropractic care, and your current attorney has withdrawn and suggested hiring a litigation firm. You want to know whether—and how—you can overcome a contributory negligence denial so you can keep your case moving forward.
North Carolina follows the contributory negligence rule: if a plaintiff’s own negligence proximately contributes to their injury, it can bar recovery. But contributory negligence is an affirmative defense, which means the defendant must plead it and prove it by the greater weight of the evidence. Courts look at whether you acted as a reasonably prudent person would under the circumstances, whether any negligence by you actually caused the harm, and whether exceptions apply (such as the defendant’s willful or wanton conduct). Personal injury cases are typically filed in District Court (claims up to $25,000) or Superior Court (more than $25,000), and the general deadline to sue is three years from the injury.
Apply the Rule to the Facts: The insurer’s repeated denial does not settle the issue; a judge or jury decides contributory negligence. In litigation, the defendant must prove you were negligent and that your conduct proximately caused your injuries. You can rebut with evidence (scene photos, witness statements, vehicle data, and medical records) showing you acted reasonably or that any misstep did not cause the crash. If the defendant’s conduct was willful or wanton, that can defeat their contributory negligence defense.
In North Carolina, an insurer’s contributory negligence denial can be challenged because the defense must be proved by the defendant and may be overcome by evidence or exceptions. Your path is to document liability and causation, address the defense head-on, and file suit in the proper North Carolina trial court within three years of the injury. Next step: draft and file a Complaint and Civil Summons, serve the defendant, and prepare to litigate the contributory negligence issue.
If you’re facing a contributory negligence denial and stalled medical payments, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your case.
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.
