Medical Malpractice

North Carolina Law - is there a time limit on filing a claim?

Is there a time limit on filing an injury claim if you were in a car accident that wasn't your fault in North Carolina? Such as in heavy traffic and it was stop & go and you got rear-ended by someone? The person was going abt 10 to 15 miles. I was the one that was at fault and the person I hit said she thought she was ok. She was walking around making phone calls. When the sheriff got there, he asked if anyone was injured and we all said no so no one went to the hospital. We also didn't need tow trucks b/c the cars were drive-able. I didn't get a ticket b/c the sheriff said that no one was really at fault and that it happens all the time on that highway, especially when everyone is going home from work. My insurance agent said they don't like to give tickets unless it's really warranted b/c the court system would be so clogged up. Does anyone know if there is a time limit on such things? Yes, I know I was at fault and feel terrible about it. The sheriff even wrote it on the report. I think what he meant was that my type of accident happens a lot on that road b/c of road conditions. I still should have been paying better attention and also not have been so close to her car. The other 2 drivers were very nice and we all stood around talking while the sheriff wrote the report. If there are injuries relating to the accident, I want my insurance to pay for it and help those people. What I am afraid of is that someone might tell them they could make $$ by claiming they were hurt. In North Carolina, attorneys mail people about their services after they are in an accident. Even if you get a ticket and there was no accident, you'll get letters from lawyers. It's been 2 days & I'm finally calming down abt it. I don't want anyone to be hurt b/c of my bad driving. And you're right, the limitations are 3 yrs.

Public Comments

1. There is a time limit, in every state, for suing someone. There is also likely a time limit to file a claim on your policy. Technically, you can't file a claim on someone else's policy. The sherriff is wrong, you WERE at fault, they just didn't ticket you. In NC, the time frame, is three years.