Short Answer

In North Carolina, you generally have three years from the date of the crash to file a lawsuit for bodily injury or vehicle damage. If the crash caused a death, the deadline for a wrongful death lawsuit is two years from the date of death. These clocks are strict, and settlement talks or insurance issues do not pause them. Limited tolling may apply for minors or legal incompetence.

Understanding the Problem

The question is: In North Carolina, how long does an injured person have to file a court lawsuit after a car crash? You are the injured party and need to know the filing deadline. The key timing trigger is usually the crash date. One salient fact: your prior law firm is closing its file after not finding applicable insurance, so you need to know the court deadline regardless of coverage.

Apply the Law

North Carolina uses statutes of limitations that set firm deadlines to start a lawsuit. For most car crash injuries and property damage, the deadline is three years from the date of the accident. For wrongful death, it is two years from the date of death and must be filed by the personal representative of the estate. The proper forum is the North Carolina trial courts (filed with the Clerk of Superior Court in the county where the defendant resides or where the crash occurred). After filing, service of the summons and complaint must follow North Carolina Rule 4; timely extensions are needed if service is not completed promptly.

Key Requirements

• Filing deadline: File within three years of the crash for injury or vehicle damage; two years for wrongful death.
• Accrual: The clock usually starts on the accident date; discovery-based delays are uncommon in auto cases.
• Forum: File a civil complaint with the Clerk of Superior Court (District or Superior division depends on claim size).
• Service: After filing, have a summons issued and complete service under Rule 4; use timely extensions if needed to keep the case active.
• Tolling: Limited tolling may apply for minors or persons adjudged incompetent; it does not apply simply because insurance is unavailable.
• Parties: Sue the at-fault driver/owner; the deadline does not depend on whether insurance coverage exists.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Three years for personal injury and property damage claims.
• North Carolina Gen. Stat. § 1-53 (Two-year limitations) - Two years for wrongful death actions.
• North Carolina Gen. Stat. § 1-17 (Disabilities) - Tolling for minors and persons under certain legal disabilities.
• North Carolina Rule of Civil Procedure 4 (Service of process) - Requirements and extensions to complete service after filing.

Analysis

Apply the Rule to the Facts: Because no insurance coverage was found, your claim still must meet the statute of limitations to sue the at-fault driver. If this is a typical injury and property damage case, you have three years from the crash date to file your complaint with the court. Hospitalization does not extend the deadline unless you were a minor or legally incompetent. If the crash caused a death, an estate representative must file a wrongful death action within two years.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court in the North Carolina county where the defendant lives or where the crash occurred. What: Civil Complaint, Summons (AOC-CV-100), and Civil Action Cover Sheet (AOC-CV-751). When: File by the three-year injury/property deadline or the two-year wrongful death deadline.
2. Have the court issue the summons and serve the defendant under Rule 4. If not served within the initial time, obtain timely extensions (by endorsement or alias and pluries) to keep the action alive.
3. After service, the defendant typically has 30 days to respond. The case then proceeds to discovery, motions, and, if necessary, trial or settlement; timelines can vary by county.

Exceptions & Pitfalls

• Minor or legally incompetent plaintiffs may have extended time, but related claims held by a parent or guardian may not be tolled.
• Settlement talks or waiting on insurance do not pause the statute of limitations.
• Missing Rule 4 service deadlines can doom an otherwise timely filing; keep the summons alive with timely extensions.
• Claims involving government defendants or federal entities can have different notice and filing rules; procedures vary by sub-issue.
• If the at-fault driver is unknown or uninsured, you may still file suit; coverage issues are separate from your court deadline.

Talk to a Personal Injury Attorney

If you're facing injury losses after a North Carolina car crash and need to protect your filing deadline, our firm has attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 to get started.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.