What should I do if the insurer denies fault based on a police report and photos?
What should I do if the insurer denies fault based on a police report and photos? - North Carolina
Short Answer
In North Carolina, a police crash report does not decide civil fault, and insurers may reconsider if you provide reliable new evidence. You do not have to give a recorded statement to the other driver’s insurer; a concise written narrative with supporting proof is safer. Ask for a supervisor review and request a supplemental police report if facts were mistaken. Keep the general three-year lawsuit deadline in mind if the insurer maintains its denial.
Understanding the Problem
You want to know how to get an insurer to revisit a liability denial when it relied on a police report and photos. In North Carolina, can you push for a fresh review without giving a recorded statement to the other driver’s insurer? Here, your firm declined a recorded statement and offered a written narrative instead. The insurer said it may reconsider if new details emerge.
Apply the Law
North Carolina uses negligence rules and the at-fault system to resolve crash claims. Police reports guide insurers but do not control civil fault in court; the officer’s written report is generally not admitted as evidence. The main forum starts with the insurance claim, but you can file a lawsuit in state court if needed. Watch the civil statute of limitations for injury and property damage claims, which is generally three years from the crash.
Key Requirements
Prove negligence: Show the other driver owed a duty, breached it (e.g., unsafe turn, failure to yield), and caused your injuries and losses.
Counter the report: Provide objective evidence (independent witnesses, video, scene measurements, vehicle damage analysis, event data) that undercuts the report’s conclusion or fills in missing facts.
Use a written narrative: Give a clear, consistent account with a diagram and labeled photos instead of a recorded statement to the adverse insurer.
Address contributory negligence: In North Carolina, any fault by you can bar recovery; explain why you had the right-of-way or why your actions were reasonable.
Preserve deadlines and evidence: Act quickly to secure videos and records that may auto-delete, and calendar the general three-year lawsuit deadline.
Apply the Rule to the Facts: The insurer relied on the police report and photos to deny fault. Because a written report doesn’t control civil liability, a detailed written narrative with supporting evidence is the right next step. Since you declined a recorded statement, keep your written account consistent and attach proof that fills gaps (e.g., sightlines, impact points). The insurer’s openness to reconsider means new, objective details can move the decision.
Process & Timing
Who files: The injured person or their attorney. Where: With the adverse insurer’s claims department; later, if needed, in the appropriate North Carolina District or Superior Court. What: Submit a written liability rebuttal package (narrative, diagram, labeled photos, witness contacts, public-records items like 911 audio or body-cam, repair estimates). When: Do this promptly after denial; aim to send within a few weeks while evidence (video/data) still exists.
Ask the adjuster for a supervisor review and request the investigating officer file a supplemental report if the original contains factual errors or missing statements. Expect 2–6 weeks for the insurer to reevaluate, though timing varies by carrier and county.
If the insurer maintains denial, consider filing suit in the county where the defendant resides or where the crash occurred before the three-year deadline. The expected outcome is issuance of a summons and complaint, which moves the dispute to court for discovery and, if necessary, trial.
Exceptions & Pitfalls
Contributory negligence: Any fault attributed to you can bar recovery; avoid admissions and focus on right-of-way, visibility, and reasonable driving.
Overreliance on the report: If the officer didn’t witness the crash, their conclusions may be incomplete; request a supplement when new witnesses or videos surface.
Evidence disappears fast: Traffic and business videos can overwrite in days; send preservation letters quickly and seek copies immediately.
Recorded statements: A statement to the adverse insurer can be used against you; a careful written account with exhibits is often safer.
Inconsistent narratives: Keep your story, diagram, and medical records aligned; inconsistencies undermine credibility and causation.
Conclusion
When an insurer denies fault based on a police report and photos in North Carolina, the path forward is to rebut liability with new, objective evidence and a consistent written narrative. Police reports do not decide civil fault, and insurers can revisit their decisions. Preserve evidence quickly and track the general three-year deadline. Next step: submit a documented liability rebuttal to the adjuster and request a supervisor review and, if appropriate, a supplemental police report.
Talk to a Personal Injury Attorney
If you’re facing a liability denial based on a police report and photos, our firm has experienced attorneys who can help you gather the right evidence, present a clear narrative, and protect your deadlines. Reach out today.
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.
