Can I still file a car accident claim if the crash happened last year and I waited to get help? – North Carolina

Short Answer

Often, yes. In North Carolina, most injury claims from a car crash must be filed within three years, so a crash “last year” is usually still within the deadline. Waiting to get medical care does not automatically bar a claim, but it can make it harder to prove the crash caused the symptoms and to document the timeline. A separate later crash can also complicate causation and damages, so quick evaluation and record-gathering matter.

Understanding the Problem

In North Carolina, can a passenger still bring a car accident injury claim when the collision happened last year but medical treatment did not start right away? The decision point is whether the claim is still within the legal filing deadline and whether the delayed treatment creates proof problems about what caused the current symptoms. The question focuses on a crash-related injury claim (not property damage) and how timing affects the ability to pursue it.

Apply the Law

North Carolina generally gives an injured person three years to file a lawsuit for personal injury arising from a vehicle collision. The clock usually runs from when the injury becomes apparent or reasonably should have become apparent, but most crash cases are treated as accruing at or near the crash date. Even if treatment started late, the claim can still be filed on time; the bigger issue is proving that the crash (and not something else) caused the symptoms and the need for care. These cases are typically filed in North Carolina Superior Court or District Court in the county where the crash happened or where a defendant resides, depending on the circumstances.

Key Requirements

• Deadline (statute of limitations): The lawsuit must be filed before the time limit expires, or the court can dismiss the case even if the crash was clearly someone else’s fault.
• Fault (negligence): The claim must show another driver (or other responsible party) failed to use reasonable care and that failure caused the collision.
• Causation and damages: The claim must connect the crash to the injuries and losses. Delayed treatment and a later crash can create disputes about what caused what.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; personal injury) – Sets a three-year limitations period for many personal injury claims and includes rules about when a claim accrues.
• N.C. Gen. Stat. § 1-17 (Disabilities) – Provides tolling rules for certain legal disabilities (such as minors and certain incapacity), which can extend deadlines in limited situations.
• N.C. Gen. Stat. § 1-53(4) (Two years; wrongful death) – Sets a two-year limitations period for wrongful death claims (different from most non-fatal injury crash claims).

Analysis

Apply the Rule to the Facts: The crash happened last year, which is usually still within North Carolina’s three-year filing deadline for an injury lawsuit. The delayed medical treatment does not automatically prevent a claim, but it can give the insurance company arguments that the memory problems, irritability, or possible loss of consciousness came from something other than the first crash. The separate later crash (with no police report) also creates a causation issue that often requires careful medical documentation and a clear timeline to separate symptoms and treatment.

Process & Timing

1. Who files: The injured passenger (plaintiff). Where: North Carolina District Court or Superior Court in the proper county (often where the crash occurred or where a defendant resides). What: A civil Complaint and a SummonsWhen: Typically within three years of the crash for a standard injury claim.
2. Investigation and documentation: Collect the crash report (if one exists), photos, witness information, and medical records. If treatment started late, the timeline matters—notes explaining when symptoms began and why care was delayed can reduce “gap in treatment” arguments.
3. Insurance claim and litigation steps: A claim is usually presented to the at-fault driver’s insurer, but settlement talks do not stop the statute of limitations. If the insurer disputes causation (especially with a later crash), the case may need formal discovery, medical review, and testimony to sort out what injuries relate to which event.