What is the Statute of Limitations in North Carolina to File a Car Accident Claim?

You only have a limited amount of time to seek compensation if you have been injured in a traffic collision in North Carolina. The statute of limitations allows three years from the date of the car crash to file a lawsuit if you were injured by another driver’s negligence. If you don’t act within the time limit, you’ll lose your right to hold the at-fault driver accountable.

It’s important to receive prompt medical treatment after a car accident and to speak to a lawyer as soon as possible to discuss whether you have a valid personal injury claim. If so, the attorney will want to act quickly to investigate the crash and preserve evidence such as traffic camera video before it deteriorates or is lost.

For three generations, the North Carolina car accident attorneys at The Law Offices of John Drew Warlick, P.A., have been helping injured people seek fair compensation after car accidents. We know how important the job of time management is to a successful car accident case. Keep reading to learn more about the statute of limitations for car accident claims. Contact our office today for a free consultation.

What Are The Details of North Carolina’s Car Accident Statute of Limitations?

All civil cases in North Carolina are subject to certain deadlines. The filing deadlines are set by laws called statutes of limitations. Every state sets its own rules regarding the amount of time allowed to take legal action. In North Carolina, you have three years from the date of a car accident to file a lawsuit against any potentially liable parties.

There are some situations in which the three-year deadline may be extended. If someone is under the age of 18 and they are hurt in an accident that someone else caused, they have three years from the date they turn 18 to file a lawsuit. The deadline for a personal injury lawsuit also can be extended in certain cases when a defendant cannot be located or is in another state.

Before a claim can be filed, you will need to recover sufficiently from your injuries to provide a reasonable idea of the cost of your medical treatment, your long-term prognosis, and whether you will need future care. If the injuries are serious, the recovery can take months.

Why Have a Statute of Limitations for Car Accident Claims?

If you have been injured in a car crash or another type of accident, you might be wondering why North Carolina has a statute of limitations for personal injury claims. Why should it matter how much time has passed since the crash?

There are valid reasons to limit the time allowed to file a lawsuit. Evidence deteriorates over time and memories fade. The statute of limitations protects the integrity of evidence and witness testimony.

Setting a deadline to file a lawsuit requires plaintiffs to act in a timely manner. It means that potential plaintiffs cannot threaten a lawsuit indefinitely.

What Is the North Carolina Statute of Limitations for a Wrongful Death from a Car Accident?

If someone dies in a car accident in North Carolina, the personal representative of the deceased’s estate has two years from the date of death to file a wrongful death lawsuit. Note that the deadline is two years from the date of death, not the date of the accident.

If a person survived the crash initially but died of their injuries at a later date, the two-year deadline runs from the date that the person died, not the date of the crash.

Does the Statute of Limitations Apply to Insurance Claims?

Most car insurance companies require you to report a crash within a few days or weeks, depending on the insurance company and the details of your particular policy.

The statute of limitations does not apply to car insurance claims directly, though it does have an indirect effect on the settlement process. But if an insurer disputes liability and refuses to negotiate, you cannot force an insurance company to pay a claim without taking the insurer to court. The option to sue the insurer gives you leverage during the settlement process.

Your attorney will keep track of the statute of limitations for filing a lawsuit if the negotiations with the insurer are not moving forward. If you miss the deadline to file a lawsuit, you will lose the right to go to court and pursue compensation through a personal injury lawsuit.

How Does the Statute of Limitations Apply if the Injured Person Is Under 21?

If you are younger than age 21 and you are hurt in a North Carolina car accident, you may have additional time to file a lawsuit, depending on your age at the time of the crash. Minors cannot bring legal action. Consequently, if you were under 18 at the time of the crash, the statute of limitations does not begin until you reach your 18th birthday. If you are age 18 or older but have not reached age 21, the standard deadline of three years from the date of the crash applies.

When Should You Hire a North Carolina Car Accident Lawyer?

If you have suffered major injuries in a car crash, you should speak with a North Carolina personal injury attorney as soon as possible. Three years may seem like a long time, but crucial evidence such as traffic camera footage can disappear or deteriorate long before then. Hiring a car accident lawyer immediately after the crash means they can start building your case while you focus on healing and putting your life back together.

Contact a North Carolina Car Accident Lawyer Today

The North Carolina car accident attorneys at The Law Offices of John Drew Warlick, P.A., are committed to advocating for people who have been injured in the Jacksonville area through no fault of their own. Call our office today or visit our contact page for a free case review.

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