Short Answer

In North Carolina, a police crash report helps, but it is usually not enough by itself to settle fault. Insurers make their own liability decision and look for independent proof. Because North Carolina follows contributory negligence, they will also look for any evidence that you shared fault. Send clear photos/video, witness information, vehicle damage documentation, and other objective records, and coordinate everything through your attorney.

Understanding the Problem

You’re a North Carolina driver whose insurer received a claim after a crash. You want to know what to send your insurer to show you weren’t at fault, and whether the police report that blames the other driver will be enough. You are represented by an attorney. The decision point is what evidence to provide your insurer now that a liability claim has been opened against your policy.

Apply the Law

Under North Carolina law, fault in a motor vehicle claim is decided from the full set of available evidence—not just a police report. A crash report can guide an adjuster, but insurers still verify facts with photos, video, witness statements, vehicle damage patterns, and other records. Because North Carolina uses contributory negligence, even slight fault attributed to you can affect how your insurer handles the claim, so objective, consistent evidence matters. The “forum” at this stage is your insurer’s claims department, and your policy requires prompt notice and cooperation with reasonable requests.

Key Requirements

• Prompt notice and cooperation: Tell your insurer quickly and provide accurate, complete information and documents your insurer reasonably requests.
• Police report is a starting point, not the finish: Adjusters treat it as one piece of evidence and still conduct an independent investigation.
• Objective proof carries weight: Clear photos/video, independent witnesses, and damage pattern documentation help establish how the crash happened.
• Contributory negligence awareness: Your insurer will assess whether any of your actions could show even minor fault.
• Coordinate through your attorney: Do not give recorded statements or broad authorizations without counsel’s guidance.

What the Statutes Say

• North Carolina Gen. Stat. § 20-166.1 (Accident reports) - Governs crash reports; these reports exist for information and are not used as evidence at trial.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Sets standards insurers must follow when investigating and evaluating claims.

Analysis

Apply the Rule to the Facts: Here, the police report favors you, which helps, but your insurer will still verify fault. Provide your attorney and adjuster with photos/video from the scene, witness names and contact information, and clear images of vehicle damage and final rest positions. Because any hint of contributory negligence can matter, stick to objective facts and let your attorney manage statements and additional requests.

Process & Timing

1. Who files: You or your attorney. Where: Your insurer’s liability claims department (online portal or assigned adjuster). What: Claim number, police crash report (DMV-349), your factual statement (via counsel), scene and vehicle photos, dash-cam or surveillance video, witness info, 911 audio request, and any citation/disposition. When: Notify your insurer promptly and send available evidence as soon as you receive the claim notice.
2. Ask your attorney to send preservation letters immediately to nearby businesses, agencies, and tow/storage facilities for surveillance video and vehicle “black box” (EDR) data. Many systems overwrite footage within days.
3. Respond to reasonable follow-up requests from your adjuster through your attorney. Expect the insurer to compare statements, photos, damage patterns, and any video before deciding fault.

Exceptions & Pitfalls

• Police reports can contain errors; if something is wrong, tell your attorney so they can address it with the adjuster and, when appropriate, request a correction or add your statement.
• Do not give a recorded statement or broad medical authorizations to the other driver’s insurer; route communications through your attorney.
• Preserve physical and digital evidence: do not repair or discard vehicles or parts until photos and inspections are complete; download dash-cam footage immediately.
• Be consistent: conflicting statements, social media posts, or off-the-cuff apologies can be used to suggest fault.
• Send copies, not originals, and keep a simple index of what you provided.

Talk to a Personal Injury Attorney

If you’re dealing with a liability claim against your policy and need to show you weren’t at fault, our firm has experienced attorneys who can help you gather the right evidence and navigate insurer requests. 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.