Short Answer

An insurer may say responsibility should be split, but North Carolina does not use a simple percentage-reduction system for ordinary negligence claims. If the insurer can prove that an injured driver’s own negligence helped cause the crash, contributory negligence can create a serious barrier to that driver’s bodily injury and vehicle-damage claims. A child passenger’s injury claim may still continue even if the adults’ insurers dispute which driver caused the crash, because the child’s claim is evaluated separately.

What “split responsibility” usually means in a North Carolina crash claim

After a Durham car accident, an insurance adjuster may review the police report, driver statements, photos, and vehicle damage and decide that both drivers share blame. The adjuster may describe this as “split liability,” “shared fault,” or “both drivers contributed.”

That wording can be confusing because many states reduce an injured person’s recovery by a percentage of fault. North Carolina is different. In an ordinary negligence claim, the issue is not just whether the other driver was more at fault. The insurer may argue that the injured driver’s own unsafe action helped cause the crash. If that defense is proven, it can create major problems for the injured driver’s claim.

That does not mean the insurance company gets the final word. An adjuster’s liability position is not a court ruling. A police report is important, but it is not always complete. Fault may depend on details that are not obvious from the report, including vehicle positions, speed, signal use, traffic controls, witness observations, dash camera video, nearby business video, road conditions, and the timing of each driver’s actions.

If the police report says both drivers were partly at fault, it is worth reading the report carefully and comparing it with the other evidence. You may also find it helpful to read more about how a police report can affect an injury claim.

Why contributory negligence matters so much in Durham injury claims

North Carolina allows contributory negligence as a defense. In plain English, that means an at-fault driver or insurer may argue that the injured person also failed to use reasonable care and that this failure helped cause the crash or injury.

The defense is not automatic. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it. Practically, that means the evidence should address both sides of the story: what the other driver did wrong and why the injured person acted reasonably under the circumstances.

For example, if an insurer says both drivers entered an intersection improperly, useful evidence may include the traffic signal sequence, lane markings, turn-lane location, witness statements, and photos showing where the vehicles came to rest. If the insurer says one driver was speeding or distracted, the claim may turn on whether that accusation is supported by actual evidence rather than assumption.

North Carolina’s rule can affect both bodily injury and vehicle-damage claims against the other driver. A separate first-party claim through your own collision coverage, uninsured motorist coverage, or other policy benefits may involve different issues and policy terms. You should save the policy declarations page, coverage letters, estimates, and any denial or reservation-of-rights letters, but a lawyer would need to review the policy before giving a coverage opinion.

The police report matters, but it is not the whole claim

A crash report can be a useful starting point. It may list the drivers, insurance information, roadway conditions, apparent contributing circumstances, and whether citations were issued. Insurers often rely on it when deciding their first liability position.

But a police report may also have limits. The officer may not have seen the crash happen. Witnesses may have left before the officer arrived. A diagram may simplify the scene. A checked box about contributing circumstances may not explain why the officer reached that view. In some claims, later evidence changes how fault is evaluated.

If you disagree with the report or believe important facts are missing, do not ignore the issue. Gather the documents and evidence that may help explain what happened. Wallace Pierce Law has also addressed what to consider when a police report says you contributed to a car accident.

What evidence can help when insurers blame both drivers?

When fault is disputed, small details can matter. Try to preserve or gather the following if they exist:

• The crash report and any report number from the investigating agency.
• Photos or video of the vehicles, road, traffic lights, signs, skid marks, debris, and weather conditions.
• Names and contact information for witnesses.
• Dash camera footage, home security video, or nearby business video before it is erased.
• Repair estimates, total-loss paperwork, towing records, and rental car documents.
• Medical records, bills, visit summaries, and discharge instructions related to the crash.
• Employer documentation if missed work is part of the claim.
• All adjuster letters, emails, text messages, claim numbers, and recorded-statement requests.

It is also important to be careful with recorded statements. You may be required to cooperate with your own insurer, but statements to another driver’s insurance company can affect how fault is framed. Before giving a detailed statement in a disputed-fault claim, consider getting legal guidance about the risks and the topics likely to matter.

Can a child’s injury claim continue if the insurers dispute fault?

Often, yes. A child passenger’s injury claim is not necessarily defeated just because the insurance companies argue about which adult driver caused the crash. The child’s claim is usually evaluated based on the negligence of the driver or drivers who caused the collision and whether any defense applies to the child’s own conduct.

For a young passenger, the child usually did not control either vehicle. North Carolina law also treats a minor’s own conduct differently from an adult’s conduct. Depending on the child’s age and facts, an insurer may have a difficult time blaming the child for causing the crash. The important point is that a dispute between adult drivers does not automatically end the child’s claim.

There may be extra procedural steps in a child injury case. If a lawsuit is filed for a minor, the child generally must act through an appropriate adult representative. If a child’s claim settles, court involvement may be required depending on the circumstances. Also, deadline rules for minors can be different from adult claims. N.C. Gen. Stat. § 1-17 addresses time limits for people under certain legal disabilities, including minors, but related claims held by a parent may have different timing issues.

Deadlines still matter even while insurers argue about fault

Insurance discussions do not automatically extend the time to file a lawsuit. For many North Carolina personal injury and property-damage claims, N.C. Gen. Stat. § 1-52 provides a three-year limitations period. That statute is one reason it is risky to wait while adjusters continue debating liability.

Some claims have different deadlines, and child-related claims can raise timing questions that should be reviewed carefully. If an insurer is delaying, denying, or reducing a claim based on shared fault, it is wise to identify the applicable deadline early rather than assuming negotiations will protect the claim.

How This Applies to the Facts Described

Here, the police report lists both drivers as partly at fault, and the injured person is worried about bodily injuries, vehicle damage, and a child’s injury claim. Under North Carolina law, the insurer’s “split responsibility” position is a warning sign because contributory negligence may be raised against the injured driver. That makes evidence about traffic movements, timing, visibility, and each driver’s conduct especially important.

For the adult driver’s claim, the key question is whether the other driver’s negligence caused the crash and whether the insurer can prove the adult driver’s own negligence also helped cause it. For vehicle damage, the same fault dispute may affect a third-party claim against the other driver, while any first-party insurance option depends on the policy and facts.

For the child’s injury claim, the analysis is not exactly the same. If the child was a passenger and did not cause the crash, the insurers’ disagreement over which adult is responsible should not automatically stop the claim. The claim may need to be presented against one driver, both drivers, or available insurance coverage depending on the evidence.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help by reviewing the crash report, comparing it with the available evidence, identifying what additional documentation may be needed, and communicating with insurance companies about disputed liability. In a split-fault claim, that work often includes looking closely at the sequence of the crash, the reasons an adjuster is blaming each driver, and whether the available proof supports or challenges that position.

For a child injury claim, the firm can also help evaluate how the child’s claim is separate from the adult drivers’ fault dispute, what insurance information is needed, and what procedural steps may apply if the claim resolves or if litigation becomes necessary. No attorney can promise that an insurer will change its position, but a careful review can help you understand the risks, deadlines, and possible next steps.

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.