Short Answer

You can challenge the denial by identifying which collision report the insurer used, obtaining the current official report and any supplements, preserving the video, and submitting a written request for reconsideration with supporting evidence. A collision report is important, but it does not necessarily settle fault by itself. Because North Carolina’s contributory negligence rule can make a fault dispute especially important, address the discrepancy promptly and do not let insurance discussions distract you from a possible lawsuit deadline.

First, Find Out Why the Reports Conflict

Ask the adjuster to provide the denial in writing and identify the report on which the company relied. The response should include the report number, investigating agency, report date, and any page or section that allegedly places fault on you. If the insurer will not send its copy, ask it to describe the specific entries, diagram, narrative, or contributing circumstances supporting the denial.

Two documents that appear to be different reports may actually be different versions of the same DMV-349 crash report. One may be an early copy, while the other may include corrected information or a supplemental report. A page may also be missing, or the insurer may have confused the vehicle unit numbers assigned to the drivers.

Compare the copies carefully, including:

• The report number, crash date, location, and investigating agency.
• The vehicle and driver assigned to Unit 1 and Unit 2.
• The narrative and collision diagram.
• Entries for contributing circumstances, traffic controls, road conditions, and citations.
• Witness names and contact information.
• Any revision date, continuation page, or supplemental report.

Do not assume that a checked box tells the entire story. DMV-349 reports use coded entries, and a misunderstanding about a code or vehicle number can change how someone reads the document.

Obtain the Current Official Collision Report

Request a complete copy from the law-enforcement agency that investigated the Durham car accident and, when appropriate, from the North Carolina Division of Motor Vehicles. Ask specifically whether the file contains a supplemental report, updated diagram, officer notes, photographs, body-camera footage, dash-camera footage, witness statements, or other associated materials.

Under N.C. Gen. Stat. § 20-166.1, an investigating officer prepares a written report for a reportable crash, and law-enforcement crash reports are generally public records. The statute also explains that an officer’s report may be used in a court proceeding only as allowed by the rules of evidence. In practical terms, the report can matter, but it is not automatically the final legal decision about negligence.

If the official file appears to contain a factual error, contact the agency’s records unit or investigating officer. Explain the discrepancy in a calm, factual way. Identify the exact box, sentence, driver assignment, or diagram entry at issue and provide unaltered supporting material. You may ask whether the document is incomplete or whether the officer will review the information for a possible correction or supplement. The agency may not agree to change an officer’s conclusion, but documenting the request can still help clarify why competing versions exist.

Preserve the Video Before It Is Lost

If video may show the other driver failing to yield, preserve it immediately. Digital recordings can be overwritten, compressed, or stripped of useful information. Keep the original file rather than saving only a shortened clip posted online.

Useful preservation steps include:

• Save the complete recording in its original format and make at least one backup.
• Keep information showing who recorded it, when it was obtained, and which device or system created it.
• Do not crop, add captions, change the speed, or otherwise edit the only saved copy.
• Preserve footage from before and after the impact, not just the moment of contact.
• Ask nearby businesses, property owners, or public agencies to retain relevant recordings before routine deletion occurs.

Also preserve photographs of the vehicles and scene, repair estimates, witness messages, dash-camera files, phone records relevant to the claim, and all correspondence with the adjuster. Vehicle damage locations, debris, lane markings, and traffic signs may help confirm or challenge the diagram in the report.

Submit a Focused Request for Reconsideration

Send the insurer a written request to reconsider its denial. Keep the presentation organized and centered on the factual conflict. A useful submission may include:

1. A copy of the denial letter.
2. Both versions of the collision report, with the conflicting entries clearly identified.
3. The current official report and any supplements.
4. The original video file or instructions for securely accessing it.
5. A short timeline describing each driver’s movement and the applicable traffic control.
6. Scene and vehicle photographs.
7. Witness names, contact information, and accurate statements if available.
8. A request that the insurer explain whether it reviewed the new material and state its current reason for accepting or denying liability.

Communicate in writing when possible and keep proof of delivery. Avoid exaggeration or guessing about facts that you cannot confirm. If an adjuster requests a detailed recorded statement or asks you to sign broad authorizations, consider obtaining legal advice before responding. The proper approach depends on whether you are dealing with the other driver’s liability carrier or making a claim under your own policy.

Why Fault Evidence Matters So Much in North Carolina

A failure to yield may support an argument that the other driver acted negligently, but the full circumstances still matter. The insurer may argue that you were speeding, failed to keep a proper lookout, or could have avoided the collision. Evidence should therefore address both what the other driver did and why your own conduct was reasonable.

North Carolina permits contributory negligence as a defense. If the defense proves that an injured person’s own negligence helped cause the injury, it can create serious problems for the personal injury claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it. This is one reason an insurer’s inaccurate reading of a collision report should not go unanswered.

How This Applies to the Conflicting Reports

Here, the denial reportedly relies on a collision report blaming the injured person, while that person’s copy indicates that the other driver failed to yield. The immediate task is to determine whether the insurer has a later version, an incomplete copy, a report for a different incident, or a mistaken reading of the driver and vehicle codes.

The possible video should be preserved in its complete original form and compared with the report’s narrative, diagram, lane assignments, and contributing-circumstance entries. If the footage shows the approach to the intersection and the other driver’s movement, it may give the insurer information that was unavailable to the officer or overlooked during the initial claim review. It does not guarantee that the denial will change, but it provides a concrete basis for requesting a new evaluation.

Do Not Lose Track of the Filing Deadline

A claim denial does not necessarily end your legal options, but asking an insurer to reconsider does not automatically extend the deadline for filing a lawsuit. N.C. Gen. Stat. § 1-52 provides a three-year limitations period for many North Carolina personal injury and property-damage actions, although the correct deadline depends on the claim and facts.

Do not assume that the adjuster’s continued investigation, settlement discussions, or promise to review the video pauses that period. A shorter or different deadline may apply in some situations, including claims involving government entities or other unusual circumstances.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to compare the competing reports, request the complete law-enforcement file, review the video and physical evidence, and present a documented request for reconsideration. An attorney can also evaluate the insurer’s contributory-negligence argument, communicate with the adjuster, identify other available evidence, and monitor the filing deadline.

This review may be especially useful when the insurer will not provide the report it relied on, the investigating agency has issued a supplement, video may soon be erased, or the denial letter does not address evidence that contradicts the insurer’s position. Any assessment will depend on the available records, coverage, injuries, 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.