This is a common situation with personal injury claims, where insurance just default denies liability. Sometimes police narratives, witness statements, etc. are inconsistent and do not paint a clear picture of what really led to your injuries and who was really at fault. One thing insurance in NC relies upon heavily is the contributory negligence, where they will claim that you were at least somewhat responsible for the injuries you sustained. This is a tricky concept that insurance will often use as an excuse to deny liability under NC's backwards, old legal theories.
When you are faced with these type scenarios, It's a good time to involve a skilled personal injury lawyer. For example, I've seen situations where the injured party was not issued a ticket in an accident, and the responsible party was issued a ticket for a traffic violation that led to the collision. In a case such as this, you'd think it would be clear cut, but insurance may still claim that you were somewhat at fault and they are therefore off the hook. In cases such as this, your personal injury attorney can take insurance companies to task over technical legal theories that guide fault. Once you've involved an attorney, insurance will take your claim much more seriously. And if they don't, a complaint filed with Courts will get the case in front of their attorneys, and will possibly lead to a better result for your case.
I have filed suit against responsible parties when the adjuster said there was no fault, and recovered damages for my client!
If you've been injured in accident by no fault of your own, contact an Asheville personal injury attorney today!