Short Answer

The difference should be identified and documented before the insurer makes or maintains a fault decision. The parties may have different editions of the report, a missing supplemental report, or simply different interpretations of the same narrative, diagram, and codes. A North Carolina police report is important, but it does not automatically decide legal fault. Other evidence may support or challenge the report and the insurer’s position.

Why Two Police Reports May Appear to Tell Different Stories

An insurer and an injured claimant may believe they have conflicting police reports even when the documents share the same report number. The difference can result from an incomplete copy, a later correction, a supplemental report, a data-entry mistake in the insurer’s file, or an adjuster relying on the insured driver’s statement rather than the report itself.

Sometimes the documents are identical, but the parties focus on different sections. One person may rely on the written narrative or collision diagram, while the insurer relies on coded entries for vehicle movement or contributing circumstances. Because the North Carolina DMV-349 form contains numerous codes, a mistaken reading can substantially change how the crash appears.

The first step is to compare the documents line by line. Check:

• The crash report number and investigating agency.
• The crash date, time, and location.
• The names assigned to Vehicle 1 and Vehicle 2.
• The narrative and collision diagram.
• The vehicle movements and contributing-circumstance codes.
• Witness information and listed statements.
• Traffic citations, if any.
• Page numbers and any indication that the report was corrected or supplemented.

A copy obtained from the investigating agency can also be compared with the copy maintained by the North Carolina Division of Motor Vehicles. Under N.C. Gen. Stat. § 20-166.1, an investigating officer must prepare a written report for a reportable crash and the report is forwarded to the appropriate agency and DMV. The statute also treats law-enforcement crash reports as public records, subject to its terms.

Does the Police Report Control the Insurer’s Fault Decision?

No. A crash report is an important starting point, but it is not the final word on civil liability. An investigating officer may have arrived after the collision and may have relied on driver or witness accounts. The officer may not have seen all photographs, video, vehicle damage, or other evidence that becomes available later.

North Carolina law provides that a law-enforcement accident report may be used in a legal proceeding only as permitted by the rules of evidence. That does not mean every statement, conclusion, or coded entry in the report will automatically be accepted to prove how the collision happened.

An insurance adjuster may consider the report along with statements from both drivers, photographs, witness accounts, damage patterns, traffic rules, video, and other records. Providing a clearer copy of the report may cause the insurer to review its decision, but it does not require the insurer to accept the claimant’s interpretation.

How to Address the Conflicting Versions

1. Ask what the insurer is reviewing. Request the report number, report date, and the specific narrative, diagram, or code on which the insurer relies. If possible, ask the adjuster to confirm the disputed version or description in writing.
2. Obtain a complete copy. Request the full DMV-349 from the investigating law-enforcement agency or DMV. Confirm that all pages are present and ask whether a corrected or supplemental report exists.
3. Identify the exact conflict. A focused explanation is usually more useful than stating generally that the insurer is wrong. For example, identify whether the disagreement concerns backing, passing, lane position, right of way, or which driver was assigned to each vehicle number.
4. Send supporting evidence. Provide relevant photographs, video, witness contact information, vehicle damage records, and other materials that help explain the vehicle movements.
5. Request a liability review. Ask the insurer to place the correct report in the claim file and reconsider its position using the complete evidence.

If the report itself contains a factual mistake, the investigating agency may be contacted about its process for reviewing report information. A claimant generally cannot personally rewrite the report or require an officer to change an opinion. It may help to provide objective records, such as photographs or video, rather than only repeating a different account of the collision.

Evidence to Preserve While Fault Is Disputed

Do not rely exclusively on either version of the police report. Useful evidence may disappear while the disagreement is being addressed. Preserve or gather:

• Every copy of the crash report and any supplemental pages.
• Emails, letters, and claim notes describing the insurer’s version.
• Scene, roadway, and vehicle photographs.
• Dash-camera, security-camera, or phone video.
• Witness names, contact details, and accurate accounts.
• Repair estimates and photographs showing the location of vehicle damage.
• Dispatch, emergency-call, or officer materials when available through proper requests.
• Medical records, bills, and visit summaries related to the claimed injuries.

Keep the original electronic files when possible. Original images and videos may contain dates or other information that is lost when a screenshot or compressed copy is created.

Why Disputed Fault Is Especially Important in North Carolina

North Carolina allows contributory negligence as a defense. If the defense proves that an injured person was negligent and that the negligence was a proximate cause of the person’s injury, that finding can create serious problems for the injury claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving that defense.

For that reason, the evidence should address both sides of the event: what the other driver allegedly did wrong and why the claimant’s own conduct was reasonable. A dispute over whether a vehicle was backing, passing, changing lanes, or failing to yield may affect both negligence and contributory-negligence arguments.

How This Applies to the Conflicting Backing and Passing Accounts

In the stated situation, the insurer’s file says the claimant backed into another vehicle, while the attorney’s report appears to describe the insured driver attempting to pass and failing to yield. Those accounts involve materially different vehicle movements and theories of fault.

The next step would ordinarily be to confirm whether both sides possess the same DMV-349, including all pages and supplements. The vehicle numbers, narrative, diagram, and movement codes should then be matched carefully. The insurer should be given a complete copy and asked to explain whether its position comes from a different report, its insured’s statement, or its own interpretation.

Physical evidence may be important if the insurer does not change its position. The location and direction of vehicle damage, scene photographs, available video, and neutral witness accounts may help determine whether the claimant was backing or whether the other driver was attempting to pass. The report should be evaluated as one part of that broader investigation.

What If the Insurer Refuses to Reconsider?

An insurer may maintain its denial or fault allocation even after receiving another report. That does not necessarily end the claim, but it means the liability dispute may require additional documentation, communications with the investigating agency, witness follow-up, or legal evaluation.

A claimant should not assume that ongoing discussions with an adjuster preserve every legal right or extend a lawsuit deadline. Insurance negotiations do not automatically stop or extend filing periods. The applicable deadline depends on the claim and its facts, so prompt review may be important.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to compare the competing reports, identify missing pages or supplements, review the report codes and diagram, and determine what information the insurer actually used. The firm may also help organize photographs, witness information, vehicle-damage records, medical documentation, and communications needed to present the liability dispute clearly.

An attorney can communicate with the adjuster, request a documented reconsideration, and evaluate how North Carolina’s contributory-negligence rule may affect the claim. These steps cannot guarantee that the insurer will change its position, but they can help ensure that the dispute is evaluated using the available evidence rather than an inaccurate claim-file summary.

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.