What to Do If the At-Fault Driver Denies Responsibility in North Carolina?

What you do after the at-fault driver denies responsibility in North Carolina may significantly affect your claim. If you handle the denial strategically, perhaps by pointing to evidence that reinforces your case, your claim could remain strong. In contrast, if you are passive about the denial, you might create confusion and give the insurer opportunities to poke holes in your case. Car accident lawyers can help with these types of liability disputes.

Take a little time to process what the denial means

These situations are common. You submit your claim to the at-fault driver’s insurance company, and the insurer tells you that the driver is denying fault. That’s frustrating and confusing. However, there are ways forward. As you process the denial, it’s important to understand what it could mean, especially in North Carolina.

The state’s contributory negligence laws are strict. If you share even a tiny amount of fault, you might be barred from recovering compensation. The other driver denying responsibility could give the insurer more incentive to shift some responsibility onto you.

Limit your communication with the other driver’s insurance company

The at-fault driver’s insurer may want a statement from you after the denial. Giving this statement, especially without a personal injury lawyer’s approval, could end up weakening your claim.

You typically are not required to give the other driver’s insurer a recorded statement. Your own insurer may be a different matter. You likely need to notify and cooperate with the investigation, especially if you’re pursuing collision, underinsured/uninsured motorist, or MedPay with your first-party insurance company. However, be sure that you understand your policy obligations before giving a recorded statement.

This is a good stage to consult with a car accident lawyer, if you have not done so yet. Lawyers can handle communications with third-party insurers for you and strengthen your claim.

Third-party insurance companies, with their recorded statements, may phrase questions to get answers that make it seem you admit to sharing fault. Adjusters may want you to speculate about the accident, potentially resulting in inaccurate information. Lawyers can limit the scope of questions if you agree to a statement and pursue compensation on your behalf.

Request a clear reason for the denial, and review your case

You don’t want a back-and-forth discussion with the third-party insurance company, but you (or your lawyer) should send a written request for the insurance company’s reason. Ask what evidence the insurer is using to justify the other driver’s denial of fault.

While you wait for the reply, review your evidence and search for clarifying material. You may already have the police report, photos, medical records, and witness reports. Additional material, such as video footage, could help. It’s important to move quickly to preserve as much evidence as possible since it can get overwritten or otherwise disappear.

Verify that the evidence tells a clear, cohesive story about how the crash happened. If your evidence is incomplete, you may appear to be at fault (at least partially) when you really are not.

The insurer may take a few days, a week, or even longer to respond. Even then, the denial may not be too in-depth. The insurer might basically say, “We don’t have independent evidence that supports your version,” or “Our insured says you changed lanes.”

The insurer’s reasoning may become more specific after it reviews more evidence or during negotiations.

Make sure the link between the crash and your injuries is clear

With denials of fault, insurance companies also tend to undermine your injuries. Make sure it’s clear when your symptoms started, and try to close any gaps in treatment you may have.

Meet with a lawyer, if you have not already

Car accident lawyers can play an important role in your case. They can gather and preserve evidence, consult with experts whom insurance companies listen to, and focus on the strict fault rules in North Carolina. In Rockingham, Rutherfordton, Charlotte, and other localities, getting a lawyer as early as possible signals your seriousness to the insurance company.

Watch for contributory negligence arguments

The insurer may ultimately acknowledge that the other driver was somewhat at fault. However, the insurer may also claim you share some fault. If the insurer argues that your own negligence contributed to the crash, even slightly, it may deny compensation under North Carolina’s contributory negligence rules.

In some cases, insurers do still pay some type of partial settlement for business reasons, but your disputed liability is where your car accident lawyer may focus the most. Lawyers work to gather evidence to refute claims that you, say, were driving distracted or that your speeding 5 mph over the speed limit contributed meaningfully to the crash.

Make your case, again

With your evidence (new and old) organized and a clearer view of the case, you or your lawyer presents a demand to the insurance company. This demand explains:

• How the crash occurred
• Why the other driver is at fault
• The effect of your injuries on your life

It includes copies of your medical records, lost income, and other damages. One goal is to create as little space as possible for the other driver to continue denying responsibility.

Negotiate and counter as necessary

Your claim may be very strong, but resistance is normal. Adjusters in busy cities such as Charlotte often handle many claims and issue early denials. It’s up to you to actively support and defend your position.

Car accident lawyers are experienced in the tactics insurers use and what gets them to listen. Lawyers also know when a settlement offer is fair and can make sure you consider offers that account fully for your damages.

You may have to file a lawsuit if the insurer seems unwilling to work with you. Many personal injury claims resolve before trial becomes necessary.

Approach your case carefully

In all stages, a careful approach is important. North Carolina’s contributory negligence rules play a significant part throughout your claim. You must get both the big and small details right.

Contact Price, Petho & Associates today

Car accident lawyers help you build a strong case and avoid missteps. If you’ve been in an accident in North Carolina, contact us today to learn more about your legal options.