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How Long Do I Have to File a Claim After a Car Accident in Charlotte?

car accident in Charlotte

If you’ve been injured in a car accident in Charlotte, you’re probably scared and a bit frustrated. One minute, you’re on your way to work. The next thing you know, someone’s smashed into the back of your car doing 45 mph. You know you have to report it to your insurance company but you’re afraid they’ll deny your claim. The best thing to do is to call one of the best car accident attorneys in Charlotte.

The personal injury attorneys at our firm have handled dozens of car accident cases in Charlotte, North Carolina. They know the law and they know how the big insurance companies operate. The last thing they’ll do is let you be taken advantage of. In order for them to help you, they need to have a chance to review your case.

To get the process started and make sure your claim is filed in time, call our office immediately after your car accident in Charlotte. Let one of our car accident attorneys in Charlotte put things into perspective for you. We’ll handle the legal side of things so you can focus on recovering from your injuries.

There Are Two Claims You May Need to File After a Car Accident in Charlotte

After your car accident in Charlotte, you may need to file more than one claim. Obviously, you’ll need to file a claim with your insurance company. They’ll review the police report and any other documentation you have. One of their agents will call and ask you to give a recorded statement over the phone. Their goal is to find out who was responsible for the crash – you or the other driver.

The second sort of claim you may need to file is a legal, civil claim. If your insurance claim is denied, or they don’t pay all of your damages, you’ll have no choice but to file suit. This is where your personal injury attorney in Charlotte comes into play.

Your lawyer will review your case and determine if you have a legal claim for damages. If so, they’re going to recommend that you file sooner rather than later. You only have a certain period of time in which to file your claim after your car accident in Charlotte. And, if you miss the filing deadline, your case will be dismissed and barred forever.

The Insurance Company Requires that You File Your Claim in a Reasonable Time

Most insurance companies don’t give an exact deadline for when you have to file your accident claim. Instead, they say it must be filed within a “reasonable” time period. The problem with this is that you have no idea what’s considered reasonable. This is why your personal injury attorney in Charlotte will make sure it’s filed right away.

The sooner you file your claim, the better chance you have of convincing the insurance adjuster that the other driver caused the crash. It’s human nature to believe the first version of events we hear. If the other driver provides their statement the day after the car accident in Charlotte and you wait two weeks, they’re going to give the defendant’s story more credence. You don’t want this to happen.

personal injury attorney in Charlotte

The Statute of Limitations in North Carolina Is Only Three Years

Every state has a special law that dictates how long you have to file a civil lawsuit. This law is called the statute of limitations. In North Carolina, the statute requires that you file your personal injury lawsuit within three years. This sounds like a lot of time. However, you have no idea how long it can take to prepare your case.

Your car accident attorney in Charlotte will need to file your suit within 3 years from the day of your crash. The statute starts running the same day as your car accident in Charlotte. The courts won’t extend it. There are very few cases in which they’ll make an exception. Odds are your case isn’t one of them.

When Will the North Carolina Courts Extend the Statute of Limitations Period?

There are very few exceptions to the statute of limitations. The judge has to be convinced that there was some reason out of your control that prevented you from filing your lawsuit on time after your car accident in Charlotte.

Some of the cases in which the courts will extend the filing deadline include:

  • The plaintiff is a minor. If this is the case, the statue won’t start running until they turn 18.
  • You are incapacitated or not mentally competent to file suit. If you’re declared mentally unstable, the statute will be put on hold until you’re deemed competent. Once this happens, the clock will start ticking again.
  • The defendant goes out of their way to avoid service. Perhaps the other driver leaves the country, or their insurance company goes bankrupt. In this case, your car accident attorney in Charlotte may be able to convince the judge to extend the statute of limitations period.

Your Car Accident Attorney in Charlotte Will Make Sure You File in Time

If you don’t file your lawsuit in time, your car accident in Charlotte case will be dismissed. The good thing about having an experienced personal injury attorney in Charlotte is that they won’t let this happen. They’ll make sure your case is filed in plenty of time.

The best thing to do is to call one of our skilled personal injury attorneys in Charlotte. You can sit down with them and give them your version of events. Tell them what happened. You should also let them know how things worked out with the insurance company. If they denied your claim, tell them why. Make sure you’re honest. The only way they can help you is if they know the true story.

Call our office today and schedule your free, initial consultation. You don’t have to pay anything upfront. You don’t pay a dime until your case is resolved.

You have a much better chance of receiving the compensation you deserve if you have an attorney. Call our office today to set up a date and time that works for you.