What to Do If the Insurance Company Says You Were Partially at Fault in a Charlotte Collision

Being injured in a car crash is difficult enough without having to fight an insurance company over fault. In North Carolina, the stakes are exceptionally high because of the state’s strict contributory negligence law. If an insurer claims you were even slightly responsible for the accident, it may try to deny your compensation altogether.

Understanding how to respond when a fault is disputed can make the difference between recovering damages and walking away with nothing.

Why Contributory Negligence Matters in North Carolina

Most states follow comparative negligence rules, which allow injured drivers to recover damages even if they were partly at fault. North Carolina is different. North Carolina’s contributory negligence law means that if you are deemed even one percent at fault for a collision, you (704) 376-1616 lose the right to recover compensation.

Insurance companies know this, and they often use it as a strategy to avoid paying claims. Adjusters may suggest you were speeding, failed to use a turn signal, or were distracted, even when the other driver clearly caused the collision. Recognizing this tactic is the first step toward protecting your rights.

Do Not Admit Fault at the Scene

Immediately after a collision, emotions run high. It is natural to want to apologize or make casual remarks, but even innocent statements can be twisted into admissions of fault. If the insurance company later learns that you said “I didn’t see them” or “I’m sorry,” it may use those words against you. The best approach is to stick to the facts when speaking to police, medical providers, or insurers, and avoid speculation about what caused the accident.

Gather Evidence to Challenge Fault Allegations

If the insurer claims you were partially at fault, evidence becomes your strongest ally. Photos of the crash scene, damage to the vehicles, traffic camera footage, and witness statements can all demonstrate how the collision occurred. Medical records can also show that your injuries are consistent with the impact described in your version of events.

An attorney can help collect and preserve this evidence before it disappears. In some cases, accident reconstruction experts may be used to demonstrate precisely how the crash unfolded, leaving little room for the insurance company to shift blame.

How an Attorney Can Protect Your Claim

Dealing with insurance companies on your own is risky, especially under North Carolina’s harsh contributory negligence standard. A skilled attorney can communicate directly with adjusters, challenge unfair claims of partial fault, and present a strong case supported by evidence.

In some situations, legal strategies such as the “last clear chance” doctrine may apply, which allows recovery even if you were partially negligent, provided the other driver had the final opportunity to avoid the crash.

Contact Ramsay Law Firm for Help

If you were injured in a Charlotte collision and the insurance company is trying to claim you were partially at fault, do not accept their conclusion without a fight. At Ramsay Law Firm, our experienced attorneys understand how insurers operate and know how to push back against these tactics.

Contact our Mecklenburg County personal injury attorneys at (704) 376-1616 or online today for a free consultation. Let us review your case and help you pursue the compensation you deserve.

A Voice For The Injured.  Here Every Step of The Way.