Legal Question in Insurance Law in North Carolina

North Carolina is a contributory negligence state which means that even if you are 1% at fault in causing the accident, then you cannot recover. However, neither the insurer or a police officer is the final arbiter of fault - a jury is if the case gets that far.

What I suggest is that you consult with a personal injury lawyer immediately (I know of one if you are interested, although I do not do such work myself). The attorney can evaluate your case, give you advice regarding your medical treatment (for example, if you have medpay benefits on your car insurance, use them! You pay for this. Liability can be sorted out later).