Getting injured in a car accident can send you spiraling. You may wonder if you should file a lawsuit, how much time you have to file or how long it can take to recover from your injuries. To help you become more informed during this stressful time, we’ve written a short guide answering all those questions and more.
North Carolina Statute of Limitations for Car Accident Cases
The statute of limitations is a law that dictates how long you have to file a lawsuit. If this deadline is missed, your claim may be thrown out and you will be unable to collect damages.
Under North Carolina law, those filing a lawsuit for bodily injury due to a car accident have three years from the date of the accident to file. And even if you are suing someone only for property damage from a car accident, you still have three years to file.
In some situations—if the party being sued is a government entity or employee, for example—the statute of limitations may be reduced or extended.
North Carolina Laws for Car Drivers
There are a number of essential laws all car drivers in North Carolina need to understand. Here are the most crucial to remember if you’ve been in an accident.
- Accident reporting. Drivers that have been in an accident involving over $1,000 in property damage, death or personal injury must report the accident to law enforcement as soon as possible.
- No texting while driving. All drivers are strictly prohibited from using a cell phone for reading or sending text messages while a vehicle is moving. Drivers under the age of 18 cannot use a cell phone at all while driving—unless they are calling an emergency line or their parents.
- Damage caps. For personal injury lawsuits—not including medical malpractice suits—economic and noneconomic damages have no limits. Punitive damages–those awarded to deter and/or punish highly negligent behavior– are capped at $250,000 or three times the amount of damages awarded to compensate the plaintiff.
- Minimum insurance requirements. North Carolina requires all drivers to carry at least $30,000 of coverage for bodily injury to one person, $60,000 of coverage for bodily injury to two or more individuals and $25,000 of coverage for property damage. Failure to do so results in a fine and potentially a revocation of the driver’s license plate by the DMV.
Identifying Fault for Car Accidents in North Carolina
Determining who is at fault for a car accident is critical; North Carolina has an at-fault system, so the person who’s responsible for the accident is liable for damages. Insurance adjusters—and attorneys—typically review the site of the accident, police reports, photos of the crash and witness testimony to try to determine who was responsible for the crash.
North Carolina follows a pure contributory negligence rule. If you carry any fault for the crash whatsoever, you are barred from recovering damages. If an adjuster determines you were 1% at fault for the crash because you forgot to signal, for example, you cannot file a claim. That said, that’s when an attorney can step in and try to overturn an adjuster’s opinion in negotiations—or in court if required.