Short Answer

You may be able to use your own collision coverage, pay for necessary repairs while preserving a reimbursement claim, or challenge the other insurer’s decision with additional evidence. An inconclusive police report does not prevent you from proving fault, but North Carolina’s contributory negligence rule makes evidence about both drivers’ conduct important. Before repairs begin, document the damage and give the appropriate insurer a reasonable opportunity to inspect the vehicle.

An Insurance Denial Does Not Decide Who Was at Fault

The other driver’s insurance company makes its own liability decision. It may deny the claim when the drivers give conflicting accounts, the police report does not identify a contributing circumstance, or the available evidence does not establish what happened.

That denial is not a court ruling. Likewise, a police report stating that fault could not be determined does not necessarily end a Durham car accident claim. Under N.C. Gen. Stat. § 20-166.1, officers prepare reports for reportable crashes, including information about the vehicles, conditions, and apparent cause. The report is an important starting point, but photographs, witness accounts, vehicle damage, video, and other evidence may provide a more complete picture.

Ways to Move the Repair Process Forward

1. Check Whether You Have Collision Coverage

If your own auto policy includes collision coverage, you can ask your insurer to open a property-damage claim. Collision coverage generally addresses damage to your vehicle regardless of whether the other insurer has accepted responsibility, subject to the terms of your policy and any deductible.

Your insurer may inspect the vehicle, prepare or review an estimate, and authorize covered repairs. If it later seeks repayment from the other driver or insurer, that process is commonly called subrogation. You may also ask how your deductible will be handled if money is recovered. Recovery is not automatic, so request an explanation of the process rather than assuming the deductible will be returned.

Save your declarations page, claim number, estimate, deductible information, and all written communications. These documents help identify what coverage may apply without relying on memory or an adjuster’s verbal summary.

2. Ask the Other Insurer to Reconsider Its Decision

Request the denial and its factual basis in writing. Then submit a focused package of evidence that addresses the reason for the denial. Simply sending the same police report again may not change the decision.

Useful evidence may include:

• All police report photographs, diagrams, and narrative pages.
• Photographs or video showing the resting positions of the vehicles, debris, road markings, traffic controls, sight lines, and weather conditions.
• Names and contact information for independent witnesses.
• Dash-camera, nearby business, residence, or traffic-camera footage, if available.
• Clear photographs of damage to both vehicles.
• Repair estimates identifying visible and hidden collision damage.
• Text messages, emails, or statements from the other driver concerning how the crash occurred.
• Any supplemental crash report or correction issued by the investigating agency.

Evidence should be preserved quickly. Video may be overwritten, vehicles may be repaired or salvaged, and witnesses’ memories can fade. Keep original electronic files when possible rather than saving only screenshots.

3. Arrange Repairs Yourself When Waiting Is Not Practical

If you do not have applicable collision coverage, you may need to arrange and initially pay for repairs while continuing to pursue the person you believe caused the crash. Before authorizing work, notify the insurers where the vehicle is located and ask whether they want to inspect it. Obtain detailed photographs and a written estimate, and keep damaged parts when reasonably possible if fault or the nature of the impact is disputed.

Keep every invoice and receipt, including towing, storage, repair, rental, and other transportation records. Take reasonable steps to avoid unnecessary storage charges or other preventable losses. Whether a particular expense can later be recovered depends on fault, causation, reasonableness, and proof.

Why North Carolina’s Fault Rule Matters

North Carolina permits contributory negligence as a defense. If the defense proves that an injured or damaged party’s own negligence helped cause the collision, that can create serious problems for both the injury and property-damage claims. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

For that reason, your evidence should show more than what the other driver did wrong. It should also address why your own driving was reasonable. Depending on the collision, that could include your lane position, speed, right of way, use of signals, attention to traffic controls, or efforts to avoid the impact.

What About Medical Bills While Fault Is Disputed?

The vehicle claim and bodily injury claim are related, but they involve different losses and documentation. A liability insurer commonly will not pay medical bills as they arrive when it disputes responsibility. You may submit bills through available health insurance or ask your own auto insurer whether your policy includes medical payments coverage. Coverage depends on the policy language and facts.

Keep medical bills, insurance explanations of benefits, visit summaries, receipts, and claim correspondence. Follow the instructions of your medical providers and document symptoms accurately. Do not sign a release labeled as a property-damage settlement without reading the entire document. Settlement paperwork should be reviewed carefully to determine exactly which claims it releases.

How This Applies When the Report Says Fault Could Not Be Determined

Here, the police report’s photographs may still be useful even though the written report does not assign fault. The key question is what those photographs actually establish when considered with the vehicle damage, roadway layout, statements, and other available evidence. An insurer may not change its position based on photographs alone if it believes more than one explanation remains possible.

A practical next step is to obtain the complete report and image set, check for a supplemental report, gather any outside video or witness information, and ask the insurer to identify the specific evidence supporting its denial. At the same time, the vehicle owner can contact their own carrier about collision coverage so the repair process does not depend entirely on the liability dispute.

Do Not Let Negotiations Hide a Filing Deadline

Many North Carolina claims for personal injury or vehicle damage are subject to a three-year filing period under N.C. Gen. Stat. § 1-52. The correct deadline can depend on the claim and parties involved. Insurance discussions, reconsideration requests, and repair negotiations do not automatically extend the time for filing a lawsuit.

If an insurer continues to deny responsibility, a claim against the allegedly at-fault driver may need to be evaluated. A lawsuit is not necessarily the first step, but an insurance denial does not pause the legal deadline.

When Wallace Pierce Law May Be Able to Help

When a disputed property-damage claim is connected to physical injuries, Wallace Pierce Law may be able to review the police report, photographs, driver accounts, medical documentation, and insurance correspondence. The firm can help identify missing evidence, explain how contributory negligence may affect the claim, and communicate with insurers about their liability positions.

The firm may also help keep the repair dispute separate from the bodily injury claim, review proposed release language, organize records, and evaluate possible deadlines. The available options will depend on the evidence, insurance coverage, damages, and circumstances of the collision.

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.