Short Answer

In North Carolina, an insurance company saying the wreck was your fault is not the final word. It usually means the insurer is disputing liability and may deny or reduce payment. Because North Carolina follows contributory negligence, even a small amount of fault assigned to you can block recovery from the other driver—so it is important to gather evidence quickly and avoid statements that can be used to shift blame.

Understanding the Problem

If you were in a North Carolina car crash and an insurance adjuster tells you the accident was your fault, you are likely asking whether you can still pursue a personal injury claim even though the insurer is blaming you. In your situation, one key fact is that you are considering speaking with an attorney about a motor vehicle accident.

Apply the Law

In a North Carolina injury claim, “fault” generally means negligence—someone failed to use reasonable care and that failure caused the crash and injuries. If the other side claims you were negligent too, they may raise contributory negligence. Under North Carolina’s contributory negligence rule, if you are found to have contributed to the crash through your own negligence, you can be barred from recovering damages from the other driver. In court, contributory negligence is a defense the other side must prove.

Practically, insurance companies make early “fault” decisions based on limited information (such as a brief statement, a crash report, or photos). Those decisions can change when more evidence is collected, witnesses are interviewed, and the full medical picture is documented.

Key Requirements

• Negligence by the other driver: You generally must show the other driver did something careless (for example, failing to yield or following too closely) and that it caused the collision.
• Causation: The careless act must be a real cause of the crash and your injuries, not just something that happened around the same time.
• Damages: You must have compensable losses (such as medical treatment, lost time from work, or pain and suffering).
• Contributory negligence defense: If the insurer can prove you were also negligent and that your negligence contributed, it can defeat your claim in North Carolina.
• Burden of proof on the defense: The party asserting contributory negligence has the burden to prove it.
• Careful claim handling: Early recorded statements, incomplete timelines, or casual apologies can be used to argue you admitted fault.

What the Statutes Say

• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - The party raising contributory negligence has the burden of proving it.
• N.C. Gen. Stat. § 20-135 (Seat belt use; limits on evidence) - Requires seat belt use and generally bars using seat belt nonuse as evidence in most civil cases.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not an admission) - Paying property damage does not automatically admit liability and does not, by itself, release injury claims unless the written agreement says so.

Analysis

Apply the Rule to the Facts: Because you are considering a motor vehicle accident claim, an insurer’s “you were at fault” position is a warning sign that the insurer may argue contributory negligence to deny payment. That makes it important to focus on evidence that shows the other driver’s negligence and to avoid giving statements that can be framed as an admission. If the insurer cannot prove you contributed to causing the crash, contributory negligence should not defeat your claim.

Process & Timing

1. Who files: Typically, the injured person (or their attorney) submits the claim. Where: With the at-fault driver’s insurance company (and sometimes your own insurer for certain coverages). What: A written claim notice and supporting materials (crash report, photos/video, witness info, medical records/bills, wage documentation). When: As soon as practical after the crash, and well before any lawsuit deadline.
2. Investigation and “fault” dispute: The adjuster may request a recorded statement, authorizations, or additional documents. This is often where “fault” arguments develop (for example, speed, following distance, lane position, distraction, or right-of-way).
3. Resolution path: If the insurer maintains you were at fault, the next step is usually a formal demand with evidence addressing their allegations, followed by negotiation. If the dispute cannot be resolved, the remaining option is filing a lawsuit in the appropriate North Carolina trial court and proving negligence while defending against contributory negligence.

Exceptions & Pitfalls

• “A little bit at fault” can be a big problem: In North Carolina, contributory negligence can bar recovery, so insurers often look for small facts to shift partial blame.
• Recorded statements and casual wording: Saying “I’m sorry,” guessing about speed/distance, or agreeing with leading questions can be used to argue you admitted fault.
• Property damage checks and releases: A property damage payment is not automatically an admission of liability, and it does not automatically settle injury claims—but signing a broad release can. Read settlement paperwork carefully.
• Seat belt arguments: North Carolina generally limits using seat belt nonuse as evidence in most civil cases, but insurers may still raise it informally during negotiations.
• Missing evidence: Skipping photos, failing to identify witnesses, or delaying medical care can make it easier for an insurer to argue the crash (or injuries) were not caused the way you claim.

Conclusion

If an insurance company says the accident was your fault in North Carolina, it usually means it is disputing liability and may try to use contributory negligence to deny your injury claim. The insurer’s decision is not final, but the facts and evidence matter because even small alleged mistakes can change the outcome. The most important next step is to preserve and organize proof of how the crash happened and submit a documented claim (or demand) before the lawsuit filing deadline expires.

Talk to a Personal Injury Attorney

If you're dealing with an insurance company that is blaming you for a North Carolina car accident, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call 0000000000.

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.