Why both insurers may be pointing fingers

It is common for each insurance company to investigate liability before deciding how to handle a Durham car accident claim. That does not always mean either company is acting in bad faith. It usually means they are reviewing the crash report, vehicle damage, driver statements, scene details, and medical information to decide who they think caused the collision.

When the facts involve backing out of a driveway, shifting into drive, and a head-on impact, both insurers may focus heavily on timing, position, visibility, speed, and whether either driver had enough time to avoid the crash. They may also look for any statement that sounds like an admission, even if it was made while you were shaken up.

One practical problem is that evidence fades quickly. Memories change, vehicles get repaired, and photos or video can disappear. That is why a prompt, organized response matters more than arguing with adjusters over the phone.

What North Carolina law makes important in a fault dispute

North Carolina follows the contributory negligence rule. In plain English, if the defense proves the injured person’s own negligence helped cause the accident, that can create major problems for the claim. The party raising that defense generally has the burden of proof under N.C. Gen. Stat. § 1-139, which says the side claiming contributory negligence must prove it.

That is one reason you should be careful with recorded statements, casual explanations, or guesses about speed, distance, or what you "must have" done. In a North Carolina personal injury claim, a small statement can be used later to argue that you contributed to the crash.

If timing becomes important, many personal injury claims in North Carolina are subject to a three-year filing deadline under N.C. Gen. Stat. § 1-52. That generally means waiting on insurance investigations can be risky because claim discussions do not automatically extend the deadline to file suit.

If law enforcement responded to a reportable crash, North Carolina requires notice and investigation of reportable accidents under N.C. Gen. Stat. § 20-166.1. A police report can help, but it is still only one piece of the liability picture.

Do not rely only on the police report

Many people assume the crash report settles the issue. It often does not. A police report is a useful starting point, but insurers may still dispute fault if the officer did not see the collision, if witness information was limited, or if the report leaves room for different interpretations.

That matters in a driveway collision. The report may summarize the event, but it may not fully capture sight lines, vehicle angles, whether the other driver crossed the center, whether braking occurred, or whether there were independent witnesses. In some cases, a supplemental report may also exist, so it is worth confirming whether the original report was later updated.

If the report helps you, preserve it. If it is incomplete or unclear, do not assume the claim is over. The rest of the evidence may still matter a great deal.

What to do when both adjusters are investigating

1. Report the claim to your own insurer promptly. Give basic facts and cooperate with reasonable requests, but stay accurate and concise.
2. Be careful with the other driver’s insurer. You do not have to guess, speculate, or fill in gaps from memory. If you do speak with them, keep to facts you know.
3. Ask for claim numbers and the adjusters’ contact information. Keep a simple log of every call, email, and letter.
4. Do not let delay become silence. If an insurer says it is still investigating, ask what documents or information they still need.
5. Do not assume "under investigation" means protected. Insurance discussions do not stop the lawsuit clock.

If an adjuster asks for a recorded statement, medical authorization, or broad document release, it is reasonable to slow down and understand why the request is being made before agreeing.

If helpful, you may also want to read how a recorded statement can affect a claim and what it can mean when the insurer says the crash was your fault.

Evidence that can help when fault is disputed

In a North Carolina car accident claim, the goal is not just to show that the other driver may have been careless. You also want evidence that addresses any argument that you acted unreasonably.

• Crash report: Get the report and check whether it is complete.
• Photos: Save vehicle damage, the driveway area, skid marks, debris, lane position, and sight obstructions.
• Witness information: Names, phone numbers, and what each person actually saw.
• Vehicle information: Repair estimates, damage photos before repair, and any onboard data or app-based trip records if available.
• Medical records: Ambulance paperwork, visit summaries, bills, and notes about when symptoms began.
• Communications: Letters, emails, text messages, claim notes, and any denial or reservation language from either insurer.

Property damage estimates are not the whole case, but they can still help show impact severity and vehicle contact points. Also, if soreness or other symptoms developed after the crash, document them accurately and consistently rather than minimizing them early and trying to explain them later.

How this applies to the driveway crash described here

Based on the facts provided, the key dispute is likely whether backing from the driveway created the hazard, whether the other driver was where that vehicle should have been, and whether either driver had time to avoid the impact. Because the collision happened while shifting into drive after backing out, insurers may closely examine the exact position of the vehicle at impact rather than just the first movement out of the driveway.

The ambulance response and reported soreness also mean it is important to preserve early medical documentation, even if the injuries do not seem major at first. Minor-sounding symptoms can still matter in an injury claim if they are documented consistently.

This is also the kind of case where a short, poorly worded statement can hurt. For example, saying "I was backing out" without explaining where the vehicle was positioned at impact may allow an insurer to oversimplify the event. Accuracy matters more than speed.

If the police came to the scene but fault is still being disputed, this related article may help: what to do when the police responded but the insurer still disputes fault.

Common mistakes to avoid

• Giving different versions of the accident to different adjusters.
• Guessing about speed, distance, or timing.
• Assuming the police report ends the dispute.
• Repairing the vehicle before preserving clear photos.
• Ignoring your own insurer because the other driver seems at fault.
• Waiting too long because both companies say they are still reviewing liability.
• Downplaying symptoms and later struggling to connect them to the crash.

Practical next steps

Gather the crash report, photos, witness information, repair documents, and medical records in one place. Write down your own timeline while the details are still fresh. Keep all communications with both insurers. If fault remains disputed, have the claim reviewed before making broad statements, signing open-ended authorizations, or assuming the insurers will sort it out fairly on their own.