What the insurance company usually means

When the other driver’s insurance says it cannot process your claim until its driver gives a statement, it usually means the adjuster is not ready to accept or deny liability yet. That is common in Durham car accident claims where the crash facts are disputed, the police report is not the only evidence, or both drivers may blame each other.

Insurance companies generally investigate in stages. They look at coverage, liability, damages, and then whether the claim can be resolved or may need litigation. As part of that process, the adjuster may want its insured’s version of the crash before deciding how to handle your claim.

That said, waiting on their driver is not the same as proving you were at fault. It is also not a reason for you to sit back and assume the insurer will sort everything out on its own.

Can they really refuse to move forward without their driver’s statement?

They can say they are still investigating, and insurers do have room to dispute liability in good faith while they gather facts. In a motor vehicle claim, an adjuster will often order the crash report, review vehicle damage, look at photos, speak with witnesses, and try to get statements from the drivers.

But the carrier’s internal investigation timeline does not control your rights. If the insurer keeps saying it is waiting, you still need to protect your side of the case. Memories fade, vehicles get repaired, and physical evidence can disappear quickly. That is one reason early documentation matters so much in a North Carolina personal injury claim.

If the delay continues, it may help to ask for a clear written explanation of what information the insurer still needs and whether it is disputing fault, damages, or both. That does not force payment, but it can clarify whether the issue is truly the missing statement or a broader liability dispute.

Why fault matters so much in North Carolina

North Carolina follows the contributory negligence rule. In plain English, if the defense proves the injured person’s own negligence helped cause the crash, that can create serious problems for the claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence has the burden of proving that defense.

That rule is especially important in a backing, driveway, lane-position, or right-of-way dispute. An insurer may delay while it looks for facts it believes support an argument that you contributed to the collision. Even if you disagree with that position, you should assume the adjuster is evaluating both what its driver did and what it may argue about your actions.

Because of that, useful evidence often includes more than the police report alone. Photos of the scene, vehicle positions, damage patterns, timing, witness names, and prompt medical documentation can all matter.

How this applies to the facts described

Here, the reported facts suggest a crash occurred while one vehicle was backing from a driveway and shifting into drive when another vehicle struck it head-on. That kind of fact pattern often leads to a fault dispute. The other insurer may be waiting for its driver to explain speed, lane position, visibility, braking, and what that driver says your vehicle was doing at impact.

The police response, ambulance response, and early report of soreness may all be important, but they do not automatically settle liability. In a Durham accident claim like this, the insurer may compare:

• the crash report and any diagram;
• photos showing front-end and side damage;
• whether there were skid marks, debris, or driveway obstructions;
• whether any witness saw which vehicle entered the roadway first;
• when symptoms were first reported and how they were documented.

If the insurer is delaying, that often means it believes fault is still open, not necessarily that the claim is over.

What you should gather while the insurer is waiting

Do not let the delay become lost evidence. Try to keep:

• the crash report or report number;
• photos of all vehicles, the driveway, the roadway, and the surrounding area;
• names and contact information for any witnesses;
• repair estimates, vehicle damage photos, and property damage communications;
• ambulance records, visit summaries, bills, and medical records;
• a timeline of pain, soreness, missed work, and daily limitations;
• letters, emails, claim numbers, and voicemail notes from both insurers.

If you gave any statement already, keep notes about when, to whom, and what was discussed. If you have not yet provided information, be accurate and consistent. Small differences in timing or vehicle movement can become major issues in a disputed North Carolina car accident claim.

You may also find it helpful to review what evidence can support a motor vehicle accident injury claim if you are trying to organize proof while the investigation is pending.

Does this delay extend the deadline to sue?

No. Ongoing claim discussions with an insurance company do not automatically extend the deadline to file suit. For many North Carolina personal injury claims, the general filing deadline is three years under N.C. Gen. Stat. § 1-52. Property-damage claims arising from negligence are also commonly subject to a three-year limitations period, but deadlines can vary by claim type and facts. That does not mean every case is simple, but it does mean you should not rely on an adjuster’s delay as extra time.

If the insurer says it is still waiting on its driver months after the collision, that may be frustrating, but the calendar still matters. Waiting too long can create a much bigger problem than the missing statement itself.

Should you keep talking to the other insurer?

You can usually continue communicating, but do so carefully. It is reasonable to ask for status updates, confirm what documents were received, and ask whether the carrier needs anything specific from you. It is also reasonable to keep your own insurer informed if there is a parallel investigation.

What you should avoid is assuming the adjuster is neutral. The other driver’s insurer is evaluating the claim from its insured’s side. In a disputed-fault case, details about speed, lookout, movement, and timing can be used to argue contributory negligence or deny liability.

If the process has stalled, you may also want to read what to do when the insurance company has not contacted you after a car accident, because many of the same practical steps apply when a claim is not moving.

Practical next steps

1. Ask for a written status update. Find out whether the carrier is only waiting on its driver’s statement or also disputing fault based on other evidence.
2. Preserve your evidence now. Save photos, records, estimates, and all insurer communications.
3. Document your symptoms and treatment. Keep records accurate and up to date.
4. Track the deadline. Do not assume negotiations protect your claim.
5. Get the claim reviewed if fault is disputed. Backing and driveway collisions often turn on small factual details.

If your injuries, paperwork, or insurer communications are becoming hard to manage, you may also find it helpful to review what happens when you need help dealing with the claim process.