North Carolina Car Accident Statute of Limitations
You must act quickly after you get hurt in a car crash that someone else caused. The North Carolina car accident statute of limitations sets the time you have to file a lawsuit against the person who harmed you. If you miss the deadline, you will lose your chance to pursue compensation in court, and it could prevent you from recovering compensation altogether.
Car accidents can be costly. If you didn’t cause the crash, you shouldn’t have to pay for your medical care, lost income, or other losses. However, to pursue the compensation you deserve, you must meet legal deadlines.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time an injured person has to file a lawsuit against the party that caused them harm. The purpose of the statute of limitations is to ensure fairness in the legal process by helping to preserve evidence, maintain witness reliability, and promote timely dispute resolution.
The statute of limitations that applies to personal injury claims like car accidents has a 3-year limit in North Carolina, with a few exceptions.
When Does the North Carolina Statute of Limitations Begin to Run?
The statute of limitations “clock” in North Carolina usually begins to run on the date of the accident. However, the statute includes a “rule of discovery” that allows the clock to begin to run on the date the injured party discovers the bodily harm, as long as it is not more than 10 years from the last act or omission that caused the injury.
In cases where it takes some time for the disease or injury to manifest, even if the injured party doesn’t discover they were injured until after the three-year period passes, they can still file a lawsuit against the at-fault party to seek compensation for their injuries.
Are There Exceptions That May Extend the Filing Deadline?
Some exceptions may pause the running, or “tolling,” of the statute of limitations in North Carolina. Those exceptions include the following:
- Minority – If the injured party is a person under 18 years of age, the statute tolls until they turn 18.
- Incapacity – If the injured person is mentally incapacitated when the accident occurs, the statute won’t begin to run until they regain capacity.
- Out of state – If the at-fault party leaves the state, the statute will toll until they return to North Carolina.
What Is the Statute of Limitations If the Car Accident Resulted in a Death?
If a person who was injured in the accident subsequently died from their injuries or was killed in the accident, the statute of limitations is different. North Carolina law provides only a two-year period in which the family of the deceased can file a wrongful death claim. The statutory period begins on the date of death rather than the date of the accident if they differ.
What Is the Statute of Limitations If the Car Accident Involves a Government Agency?
If your car accident was caused by someone driving a government vehicle or because of a municipality’s design, construction, or care of a roadway, the statutory period is different than that of a car accident between two individuals. The amount of time you have to provide notice of the claim and file a lawsuit varies depending on the government or municipality involved.
The wisest option is to contact a North Carolina car accident attorney to determine what time limits apply. A lawyer can file your case on time and handle all the paperwork so that you don’t harm your case inadvertently.
Do the Statute of Limitations Deadlines Apply to Insurance Claims?
When you file a car accident claim after you’ve been injured by someone else in a North Carolina accident, you’ll file your claim with the at-fault party’s insurance company. The statute of limitations does not affect your insurance claim. The statute of limitations only applies to a car accident lawsuit against the at-fault party.
What Happens If You Miss the Statute of Limitations Deadline?
Missing the deadline outlined in the statute of limitations can be disastrous for your claim. First, if you file your lawsuit after the statutory deadline has passed, the court can dismiss your claim without hearing it. Even if you have strong evidence that you believe clearly shows the other party caused the accident, the court does not have to hear any case filed after the deadline. If they don’t hear your case, you’ll lose the opportunity to pursue the compensation you need through the court system.
Second, if the court won’t hear your case, you will lose your best leverage against the insurance company. The insurers can be enticed to increase a settlement offer if they think that going to court will cost them more than a settlement might. If you can no longer threaten to take them to court, their most recent offer is likely the one you’re stuck with, even if it is inadequate to cover all your accident-related costs.
Contact a North Carolina Car Accident Lawyer
Were you hurt in a North Carolina car accident that wasn’t your fault? You could be entitled to compensation. The North Carolina car accident lawyers of Elrod Pope Accident & Injury Attorneys are here to make sure you don’t forfeit your rights by missing the statute of limitations’ filing deadline.
For over 45 years, we’ve helped injured people pursue the compensation they deserve after being injured by another person’s negligence or misconduct. We’re a family-oriented law firm, and we’ve built our reputation on trust, compassion, and results. Our lawyers have secured millions in settlements and awards for our clients.
We strive to provide exceptional legal services while treating our clients as valued family members and part of our community, instead of “just another case number.” Our law firm has six offices from which we serve our clients, and we are available 24/7. Our satisfied clients have written kind words about working with us, and we encourage you to read what they have to say.
Call one of our offices today or contact us online for a free consultation about how we can help you get the money you deserve.
