Understanding the Problem

If you were hurt in a North Carolina car accident and you have not had time to deal with it because you are moving, you may be wondering whether you can still start a personal injury claim now—or whether you waited too long.

Apply the Law

In North Carolina, the key issue is usually the statute of limitations, which is the legal deadline to file a lawsuit in court. For many car-accident injury claims, that deadline is three years from when the injury becomes apparent (which is often the date of the crash). If you miss the deadline, the court can dismiss the case even if the other driver was at fault.

Also, even when you are still within the deadline, delays can create practical problems: evidence can disappear, vehicles get repaired, witnesses become harder to find, and medical documentation can become less clear if treatment is delayed or records are scattered across providers after a move.

Key Requirements

• A live deadline still exists: You must file your lawsuit before the statute of limitations runs out; life events like moving usually do not extend it.
• Accrual matters: The filing clock generally starts when the injury or property damage becomes apparent (often the crash date in a typical car wreck).
• Right claim type, right deadline: Injury claims and wrongful death claims can have different deadlines.
• Preserve proof: You need enough evidence to show fault, causation, and damages; waiting can make that harder even if you are still timely.
• Insurance timelines are not the same as court deadlines: An insurer may ask for quick statements or documents, but the court filing deadline is the one that can permanently bar the case.
• Tolling is limited: Some legal disabilities (like being a minor or legally incompetent) can pause the statute of limitations, but ordinary life disruptions typically do not.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many civil actions, including many personal injury and property damage claims.
• N.C. Gen. Stat. § 1-53 (Two years) - Sets a two-year limitations period for wrongful death actions.
• N.C. Gen. Stat. § 1-17 (Disabilities) - Explains limited situations where the statute of limitations may be tolled due to legal disability (such as minority or incompetency).

Analysis

Apply the Rule to the Facts: Here, you were in a car accident and you are in the middle of a move. Under North Carolina law, the move itself usually does not stop the statute-of-limitations clock, so the safest approach is to assume the deadline is still running. Even if you are well within three years, waiting can make it harder to gather records, photos, witness information, and consistent medical documentation needed to support the claim.

Process & Timing

1. Who files: The injured person (plaintiff), usually through an attorney. Where: North Carolina state court in the appropriate county (typically where the crash happened or where the defendant lives). What: A civil Complaint and Summons. When: Generally, file within three years for many injury claims (and two years for wrongful death).
2. Investigation and documentation: Gather the crash report, photos/video, witness information, insurance details, and medical records/bills. If you are moving, it helps to keep a single folder (digital or paper) so nothing gets lost.
3. Insurance claim and negotiation: Many cases involve an insurance claim and settlement talks before suit, but you should not rely on negotiations to protect the court deadline. If the deadline is approaching, filing suit may be necessary to preserve the claim.

Exceptions & Pitfalls

• Assuming “I’m still talking to insurance” means you are protected: Settlement discussions usually do not stop the statute of limitations from running.
• Waiting until you “feel better” to start: Delayed treatment and gaps in care can create disputes about whether the crash caused your symptoms.
• Losing track of documents during a move: Missing the crash report number, photos, or provider information can slow the case and weaken proof.
• Thinking the deadline is always three years: Some claims have different deadlines (for example, wrongful death is generally two years), and special rules can apply in unusual situations.
• Limited tolling: Tolling can apply for certain legal disabilities (like being under 18 or legally incompetent), but everyday life events typically do not qualify.

Conclusion

Yes, you can often still pursue a North Carolina car-accident claim even if a move or other life events delayed you—but you must still meet the legal filing deadline. In many injury cases, that deadline is three years, and a move usually does not pause the clock. The most important next step is to confirm your statute-of-limitations date and start gathering records now so you do not lose the ability to file on time.