Short Answer

In North Carolina, you do not have to accept a partial payment if an insurer claims you share fault. For third-party claims, North Carolina’s contributory negligence rule means any fault on you can bar recovery in court, but an insurer’s 50/50 offer is just a negotiation— you can dispute it. You can submit more evidence, use your own collision coverage, complain to the Department of Insurance, or file a lawsuit within the time limit.

Understanding the Problem

You’re asking what you can do when an insurer says you share fault and will only pay half the repair bill. In North Carolina personal injury/property damage claims, this comes up when you seek payment for vehicle repairs after a crash and the adjuster splits fault. You want to know whether you must accept half, how to push back, and what formal options exist if your vehicle remains unrepaired.

Apply the Law

North Carolina recognizes two main paths to payment after a wreck: a third-party liability claim against the at-fault driver’s insurer, and a first-party claim under your own policy (often collision coverage). North Carolina follows contributory negligence—if a court finds you even slightly at fault, you cannot recover from the other driver in tort, subject to limited exceptions. Collision coverage, if you have it, typically pays for your car damage per policy terms regardless of fault (minus your deductible). Disagreements about value or fault often turn on documentation and timing. Lawsuits for vehicle damage have a set filing deadline.

Key Requirements

• Negligence by the other driver: To recover from the other driver’s insurer, you must show their insured was negligent and caused your damage.
• No contributory negligence (or a narrow exception): Any negligence by you can bar a third-party recovery in court, though insurers may still negotiate percentages during claims.
• Coverage under your policy: For first-party collision claims, show a covered loss, give prompt notice, cooperate, and provide estimates/photos; payment is per policy and limit, usually minus a deductible.
• Proof and documentation: Strengthen your claim with the police report, scene photos, repair estimates, and witness information.
• Forum and timing: You may negotiate with the insurer, file a complaint with the North Carolina Department of Insurance, or sue the at-fault driver in court within the applicable deadline.

What the Statutes Say

• North Carolina Gen. Stat. § 58-63-15 (Unfair insurance practices) - Prohibits unfair claim settlement practices by insurers.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability policies; UM/UIM) - Sets required auto liability and uninsured/underinsured motorist coverages.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - General three-year deadline to file many civil actions, including property damage.

Analysis

Apply the Rule to the Facts: Here, the insurer says you share fault and offers only half the repair cost. If this is the other driver’s insurer, that split is a negotiation tactic; in court, North Carolina’s contributory negligence rule would either allow full recovery (if you’re not negligent) or bar recovery (if you are). If this is your own collision claim, fault should not reduce payment under typical policy terms; push for full payment per your policy (minus your deductible) and ask for the policy language supporting any reduction.

Process & Timing

1. Who files: You (the claimant). Where: With the insurance adjuster; escalate to a supervisor if needed. What: Send a written, evidence-backed demand disputing shared fault, with photos, police report, and repair estimates; request a written explanation for any reduction. When: As soon as possible after the partial offer.
2. If still unresolved, choose a path: use your own collision coverage to get repairs moving; file a complaint with the North Carolina Department of Insurance Consumer Services Division; or prepare to sue the at-fault driver. Agency reviews often take weeks; litigation takes longer and varies by county.
3. Final step: If needed, file a lawsuit against the at-fault driver in Small Claims (Magistrate) or District/Superior Court (depending on amount and issues). Expected outcome is a settlement or judgment; if you used collision coverage, your insurer may seek reimbursement and your deductible may be recoverable.

Exceptions & Pitfalls

• Contributory negligence: Any fault on you can defeat a third-party claim in court, so tailor your evidence to show the other driver was 100% at fault.
• Releases and checks: Cashing a check marked “full and final” or signing a broad release can end your claim; read before you sign or deposit.
• Recorded statements: Be cautious with the other driver’s insurer; limit statements to essential facts to avoid admissions.
• Appraisal clauses: Policy appraisal typically resolves value disputes, not fault. Don’t rely on it to contest liability splits.
• Notice and cooperation: Late notice to your own insurer or missing documents can delay or reduce first-party payments.

Talk to a Personal Injury Attorney

If you’re facing a partial offer after a crash and your car is still unrepaired, our firm can help you assess fault, coverage options, and deadlines. 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.