Short Answer

In North Carolina, an insurer does not have to admit fault before a lawsuit. To reverse a denial, you must supply stronger liability evidence and address defenses like contributory negligence. If the insurer still refuses, filing a civil complaint lets the court decide fault through discovery and, if needed, trial. Certain unfair claim-handling conduct can also create legal leverage under state law.

Understanding the Problem

You want to know how, in North Carolina, you can get a liability insurer to change its initial denial and acknowledge its insured was at fault in your personal injury claim. Here, you were injured, the insurer denied liability, and your attorney already sent a witness affidavit with a representation letter. You need to understand what moves the insurer, what defenses matter most, and when to pivot from negotiation to filing suit.

Apply the Law

Under North Carolina negligence law, you must show the insured owed you a duty, breached it, and caused your injuries. Insurers often deny liability when they believe you were even slightly at fault because North Carolina follows contributory negligence, which can bar recovery if the defense is proven. Insurers must also evaluate claims reasonably; persistent failure to explain a denial or to consider clear evidence can implicate unfair claim settlement practices and, in some cases, unfair or deceptive trade practices. The main forum to force a liability decision is the civil courts, and you generally have a limited window to file suit.

Key Requirements

• Liability foundation: Provide objective evidence that the insured’s negligence was the sole proximate cause (e.g., clear witness statements, scene photos/videos, crash report, 911 data).
• Address contributory negligence: Directly rebut any claim that you shared fault; highlight facts supporting exceptions like “last clear chance,” if applicable.
• Causation link: Tie the breach to the incident and your injuries with consistent timelines and documentation.
• Written reconsideration: Ask for a written explanation and reconsideration of the denial after submitting new evidence.
• Litigation leverage: If denial persists, file suit; discovery and court oversight often prompt liability concessions.
• Deadlines: Personal injury lawsuits generally must be filed within a limited time (commonly three years); procedures and timeframes can change, so confirm your specific deadline.

What the Statutes Say

• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) – Lists claim-handling practices that are prohibited for insurers.
• N.C. Gen. Stat. § 75-1.1 (Unfair or deceptive trade practices) – Broad consumer protection statute; certain unfair claim practices can support a claim under this law.
• N.C. Gen. Stat. § 1A-1, Rule 4 (Service of process) – Governs serving the lawsuit once you file, which is required to proceed in court.

Analysis

Apply the Rule to the Facts: You already sent a witness affidavit, which helps establish breach and causation. Next, submit any objective items the adjuster needs to reconsider liability (scene photos, vehicle damage photos, 911 audio, traffic camera/home video if available, and the crash report). Proactively address any asserted contributory negligence in the insurer’s denial and request a written explanation. If the insurer still will not change its position, preserve your timeline and file suit so discovery and a jury can resolve fault.

Process & Timing

1. Who files: The injured person. Where: Civil court in the North Carolina county where the crash happened or where the defendant resides. What: Complaint and Civil Summons (AOC-CV-100). When: File before your lawsuit deadline; a common limit for personal injury is three years from the incident, but confirm your specific deadline.
2. Serve the defendant under Rule 4. The defendant typically has about 30 days to answer after service. Discovery then opens, and courts commonly order mediation; insurers often reassess liability when confronted with sworn testimony and documents.
3. Cases resolve by settlement (sometimes with a liability stipulation) or by verdict. The court’s judgment or a settlement agreement ends the liability dispute.

Exceptions & Pitfalls

• Contributory negligence: Even 1% fault can bar recovery; confront this directly and develop facts for any applicable exceptions (e.g., last clear chance).
• Evidence gaps: Delays in preserving video, obtaining the crash report, or locating witnesses can cement a denial; send preservation requests early.
• Recorded statements: Unsafeguarded statements can be used to argue you were at fault; coordinate communications through counsel.
• Unfair-claims leverage: While you can cite unfair claim practices and North Carolina’s UDTP law, available remedies and who can sue vary by role and facts; use these carefully.
• Service mistakes: If you file suit, you must properly serve the defendant under Rule 4 or the case can stall or be dismissed.

Talk to a Personal Injury Attorney

If you’re dealing with a denied liability decision after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

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.