Short Answer

The insurance company may use alleged partial fault to reduce, delay, or deny your car accident claim. In North Carolina, contributory negligence can create a serious problem because a proven defense that your own negligence helped cause the crash may prevent recovery. The insurer’s opinion is not the final legal decision, so evidence and deadlines matter.

What the Insurer Is Really Saying

When an adjuster says you were partly at fault, the company is usually disputing liability. That means the insurer is not accepting that its driver is legally responsible for all of your injuries, vehicle damage, or other losses.

This can happen even when the police came to the scene. A crash report may list contributing circumstances, driver statements, citations, or a narrative, but it may not clearly decide civil fault. The insurance company may still conduct its own investigation, review photos, compare vehicle damage, talk to drivers, and look for reasons to argue that you did something unsafe.

In a Durham car accident claim, alleged partial fault may come up in several common ways:

• The other driver says you were speeding, distracted, or failed to keep a proper lookout.
• The crash report does not clearly identify who caused the wreck.
• There are no independent witnesses or camera footage.
• Vehicle damage has been repaired before detailed photos or inspections were completed.
• The insurer argues that both drivers entered an intersection, changed lanes, or reacted at the same time.

The important point is that an adjuster’s fault decision is a claim position. It is not the same thing as a judge or jury deciding the issue.

Why Partial Fault Is a Big Issue Under North Carolina Law

North Carolina does not use a simple percentage-based comparative fault rule for ordinary negligence claims. Instead, North Carolina recognizes contributory negligence as a defense. In plain English, if the other side proves that your own failure to use reasonable care helped cause the accident, that defense can seriously damage the claim.

The party raising contributory negligence generally has the burden of proving it. N.C. Gen. Stat. § 1-139 states that the party asserting contributory negligence has the burden of proof. That does not mean the insurer must accept your claim; it means the defense should be evaluated through evidence, not assumptions.

Because this rule can be harsh, it is not enough to show only that the other driver made a mistake. Your evidence should also address why your own actions were reasonable under the circumstances. For example, if the insurer claims you failed to yield, the useful evidence may include sight lines, traffic controls, lane position, timing, impact location, weather, lighting, and what each driver could reasonably see.

Does the Other Driver Getting Paid Prove You Were at Fault?

Not necessarily. The fact that the other driver appears to have received payment for vehicle damage does not automatically prove that you caused the accident or that your injury claim has no value. Property damage decisions can happen for reasons that are not obvious from the outside, including coverage issues, business decisions, separate policies, deductibles, or how one insurer evaluated limited information.

It may still be an important fact to review. If one insurer paid for the other vehicle but has not paid you, you may need to understand who made the payment, under which policy, and what fault conclusion the company is relying on. Save any letters, emails, estimates, repair records, text messages, and claim numbers connected to those payments.

Evidence That Can Matter When Fault Is Disputed

When there are no witnesses or camera recordings, the claim often turns on smaller details. Some of those details can disappear quickly. Skid marks fade, debris gets cleared, vehicles get repaired, and memories become less reliable over time.

Try to preserve or gather:

• The crash report and any supplemental report.
• Photos of all vehicles before repairs, including close-up and wide-angle views.
• Photos or video of the crash scene, traffic lights, signs, lane markings, sight obstructions, and road conditions.
• Repair estimates, total loss paperwork, towing records, and storage records.
• Names and contact information for any passengers, nearby businesses, or people who stopped.
• 911 call information, if available through the proper request process.
• Medical records, bills, visit summaries, and discharge instructions related to the crash.
• Proof of missed work or income loss, if claimed.
• All communications with adjusters, including denial letters and requests for recorded statements.

A police report that does not assign fault does not end the issue. It simply means the civil claim may need a more careful evidence review.

Be Careful With Recorded Statements and Informal Explanations

After a disputed car accident, an adjuster may ask for a recorded statement. The insurer may focus on details such as speed, distance, timing, distractions, whether you saw the other vehicle, and whether you could have avoided the crash. Those details may later be used to support a contributory negligence argument.

You should be accurate and avoid guessing. If you do not know a distance, speed, or time estimate, guessing can create problems. It is also wise to keep your own written timeline while events are still fresh, including where you were going, what lane you were in, what you saw, and what happened immediately after impact.

Deadlines Still Matter Even If the Insurer Is Investigating

Claim discussions with an insurance company do not automatically extend the deadline 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. Different facts can change the analysis, so timing should be reviewed before relying on any general rule.

This matters because an insurer may continue investigating, requesting documents, or discussing settlement while the legal deadline continues to run. If a deadline passes, the claim may be at risk even if the adjuster had been communicating with you.

How This Applies to a Durham Accident With No Clear Fault Finding

Based on the facts described, the police report did not clearly assign fault, the other driver may have received payment for vehicle damage, and there may be no witnesses or camera footage. That combination often leads to a liability dispute rather than a quick acceptance of fault.

The practical next step is to build the file around what can still be proven. That may include obtaining the full crash report, preserving photos of both vehicles if available, documenting the scene, reviewing repair estimates for impact location, identifying any nearby cameras that may not have been checked, and collecting all adjuster communications. If your injuries are part of the claim, keep medical documentation organized and follow the instructions of your medical providers.

Do not assume the insurer’s partial-fault position is final. Also do not assume it is harmless. In North Carolina, a contributory negligence argument can become central to the claim, so the facts should be reviewed carefully and early.

Practical Steps to Take Now

1. Ask for the reason in writing. If the insurer says you were partly at fault, request the specific facts supporting that position.
2. Save every document. Keep claim letters, repair estimates, photos, texts, emails, and medical paperwork in one place.
3. Avoid guessing in statements. Be truthful, but do not estimate speeds, distances, or timing if you do not know.
4. Preserve vehicle evidence. If repairs have not happened yet, take detailed photos before the vehicle changes condition.
5. Track deadlines. Insurance negotiations do not automatically protect the court filing deadline.
6. Get the dispute reviewed. A North Carolina personal injury attorney can help evaluate whether the insurer’s position is supported by the evidence.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help when an insurance company blames you for part of a Durham car accident and the evidence is unclear. The firm can review the crash report, claim correspondence, photos, repair records, medical documentation, and any available scene evidence to better understand the liability dispute.

Assistance may include identifying missing evidence, organizing documents for the claim, communicating with the insurer, evaluating contributory negligence issues under North Carolina law, and explaining possible next steps. No attorney can promise that an insurer will change its position, but a careful review can help you understand the strengths, weaknesses, and risks of the claim.

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.