Understanding the Problem

If you were a passenger in a North Carolina car accident and you’re dealing with back pain, can you still protect a potential injury claim even though you don’t remember the exact crash date, and what should you do next to confirm it?

Apply the Law

In North Carolina, most negligence-based personal injury claims arising from a car wreck have a three-year statute of limitations. In plain English: you generally must file a lawsuit in the proper court within three years of when the claim accrues, or you risk losing the right to pursue it. For many crash cases, the practical starting point is the crash date, but North Carolina law also uses an “apparent injury” concept for when a claim accrues in certain personal injury/property damage situations—so it is important to pin down the timeline early and not assume you have “plenty of time.”

Separately, North Carolina law requires law enforcement to investigate reportable crashes and prepare a written report, and those law-enforcement crash reports are treated as public records. That report is often the easiest way to confirm the exact date, location, and investigating agency.

Key Requirements

• Confirm the “trigger date” for deadlines: Your ability to file a lawsuit depends on when the claim accrues and the applicable limitation period, so you need a reliable date tied to the crash and the onset of symptoms.
• Identify the correct crash report source: The investigating agency (city police, county sheriff, or State Highway Patrol) and the DMV may have the report or a way to obtain a certified copy.
• Preserve proof of injury and timing: Medical records, appointment dates, and symptom notes help show when your back pain became apparent and how it progressed.
• Preserve proof of the crash itself: Photos, texts, emails, ride logs, and insurance claim documents can corroborate the date if the report is delayed or hard to locate.
• Avoid delay that harms evidence: Even when the legal deadline is years away, practical evidence (witness memory, video retention, vehicle photos) can disappear quickly.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years; accrual rules) - Sets a three-year limitation period for many personal injury claims and includes an accrual rule tied to when harm becomes apparent or should reasonably become apparent in certain cases.
• N.C. Gen. Stat. § 20-166.1 (Crash reports; investigation; public records) - Requires investigation and a written crash report for reportable accidents and provides that law-enforcement crash reports are public records.
• N.C. Gen. Stat. § 20-27 (Availability of records) - Addresses public inspection and access to certain DMV records, subject to applicable rules.

Analysis

Apply the Rule to the Facts: Because the crash happened “a few months ago,” you likely have time left under North Carolina’s three-year limitation period for most car-accident injury claims, but you still need the exact date to calculate deadlines and to match your back-pain timeline to the collision. Since police responded and a report was made, the crash report is usually the most reliable way to confirm the date and investigating agency. Your primary care visit date and any related billing/records can also help confirm when your symptoms became apparent and how soon you sought care.

Process & Timing

1. Who files: You (or your attorney). Where: With the investigating law enforcement agency and/or the North Carolina Division of Motor Vehicles (DMV). What: A request for a copy (often a certified copy) of the crash report. When: As soon as you realize you don’t have the exact date—ideally immediately, because you need it to track deadlines and preserve evidence.
2. Cross-check the date: Compare the crash report date to your medical appointment date(s), insurance claim paperwork, and phone/calendar history to confirm you have the correct incident (especially if there were multiple trips or incidents close in time).
3. Build a simple timeline: Write down (a) the confirmed crash date, (b) when back pain started or worsened, (c) when you first sought care, and (d) any follow-up visits. Keep copies of records and receipts in one place.

Exceptions & Pitfalls

• Assuming the deadline is always “three years from the crash”: North Carolina has accrual rules that can be argued in different ways depending on the type of harm and when it became apparent, so you should confirm the timeline early instead of guessing.
• Waiting because you “feel mostly okay”: Back pain can evolve. Delays can make it harder to connect symptoms to the crash and can reduce the available evidence.
• Mixing up incidents: If you had more than one fall, strain, or minor collision around the same time, using the wrong date can derail an insurance claim or lawsuit timeline.
• Not preserving medical documentation: Even with public health insurance and no missed work, you still need records showing what you reported, when you reported it, and what care you received.
• Relying only on memory: Use objective sources (crash report, medical records, insurance documents) to confirm the date and details.

Conclusion

If you don’t remember the exact date of a car accident that happened a few months ago in North Carolina, you should confirm the date right away—usually by getting the law enforcement crash report—and then build a simple timeline that matches the crash date to when your back pain became apparent and when you sought care. Most car-accident injury claims must be filed within three years, so your next step is to request the crash report now so you can calculate the correct deadline.

Talk to a Personal Injury Attorney

If you're dealing with a car-accident injury claim but you’re unsure about the exact crash date and how it affects your deadlines, our firm has experienced attorneys who can help you confirm the timeline, gather the right records, and understand your options. Call CONTACT NUMBER today.

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.