Short Answer

You usually cannot stop someone from filing a claim, but you can help your insurer deny and close it. In North Carolina, a police report is helpful evidence but not the final word. Send the report and all supporting proof to your adjuster, ask for a written liability denial, and forward any lawsuit papers to your insurer immediately so you are defended on time.

Understanding the Problem

You want to know if you can stop another driver’s claim against your North Carolina auto policy when the police report blames that driver. The practical issue is whether your insurer will accept or deny liability, and how quickly to act so you are protected if a lawsuit is filed. Here, you already have a police report pointing to the other driver.

Apply the Law

In North Carolina, insurance companies decide liability based on all available evidence, not just the police report. Your policy generally requires you to notify the insurer promptly and cooperate. If the claimant files a lawsuit, your insurer ordinarily provides a defense in civil court. North Carolina’s contributory negligence rule means if the other driver was even slightly at fault, that can defeat their claim, but insurers will still evaluate the full facts.

Key Requirements

• Prompt notice and cooperation: Tell your insurer right away and provide the police report, photos, and witness information so the adjuster can deny the claim if appropriate.
• Police report is not conclusive: It guides the adjuster but does not automatically decide fault; insurers consider statements, scene evidence, and traffic rules.
• Right to defend claims: If the other driver sues, your insurer typically assigns defense counsel and responds in court.
• Contributory negligence: If the other driver shared any fault, your insurer can assert that defense to defeat the claim.
• Documentation matters: Clear photos, repair estimates, medical records, and neutral witness statements strengthen a liability denial.

What the Statutes Say

• North Carolina Gen. Stat. § 20-166.1 (Accident reports) - Police crash reports are created for administrative use and are generally not evidence at trial.
• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policies) - Requires liability coverage that pays sums the insured is legally liable to pay, up to policy limits.
• North Carolina Gen. Stat. § 58-36-65 (Safe Driver Incentive Plan) - Sets how at-fault accidents can impact insurance points and premiums under state rules.

Analysis

Apply the Rule to the Facts: Because the other driver filed a claim against your insurer, you cannot block the filing, but you can support a denial. Give your adjuster the police report showing the other driver at fault, plus photos and any witnesses. Ask your insurer to issue a written denial and to pursue subrogation for your deductible if you had damage. If a lawsuit is served, forward it immediately so your insurer can defend you on time.

Process & Timing

1. Who files: You or your attorney notify your insurer’s claims department. Where: Through your insurer’s claim portal, app, or claims address in North Carolina. What: Provide the police crash report, your statement, photos, repair estimates, medical records if relevant, and any witness contacts. When: Do this promptly under your policy’s cooperation clause; if you receive a lawsuit, forward the papers immediately.
2. Your adjuster investigates (often within 2–6 weeks), may interview witnesses, and compares statements with the report and traffic rules. You can request written confirmation if the claim is denied and closed.
3. If the claimant sues anyway, your insurer assigns defense counsel to file an answer in the county civil court where the crash occurred. You attend as needed; your insurer handles defense strategy.

Exceptions & Pitfalls

• Police report errors: If key facts are wrong, politely ask the investigating officer about a supplement; then give any correction to your adjuster.
• Talking to the other insurer: You do not have to give a recorded statement to the other driver’s insurer; coordinate any communications through your insurer or your attorney.
• Contributory negligence claims: The other side may allege you were slightly at fault; make sure your adjuster has evidence addressing speed, signals, and right-of-way.
• Silence can hurt: Ignoring letters or lawsuit papers can lead to a default judgment. Always forward new documents to your insurer immediately.
• Premium/points concerns: An insurer might settle for cost-of-defense reasons; a settlement is not an admission of fault. Whether points apply depends on state plan rules and whether you were deemed at fault.

Talk to a Personal Injury Attorney

If you’re dealing with a claim against your policy even though the police report blames the other driver, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

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.