Short Answer

In North Carolina, you generally have three years from the date of the crash to file a lawsuit for personal injuries and for vehicle/property damage. If the crash caused a death, the wrongful death deadline is two years, and the case must be filed by the personal representative of the estate. Limited tolling exists for minors or legally incompetent adults. If the deadline is close, you can start the case by filing a complaint or using a Rule 3 summons-and-extension, then serve the defendant under Rule 4.

Understanding the Problem

You want to know how long you have to file a North Carolina lawsuit for injuries from a car crash when the insurer disputes fault. The decision is about timing: whether you can still file and when the clock started after the collision. This is a personal injury question about filing a court case, not making an insurance claim.

Apply the Law

North Carolina law sets a general three-year limitation period for negligence claims involving bodily injury and property damage from a motor vehicle crash, measured from the date of the accident. A separate two-year period applies if the claim is for wrongful death, and only the personal representative of the estate may file that claim. For minors and legally incompetent adults, the filing clock may pause until the disability ends, but related claims that belong to a parent (like a minor’s pre‑majority medical bills) are not tolled. A lawsuit is started by filing a complaint with the Clerk of Superior Court or by issuing a civil summons with a 20‑day extension under Rule 3 and then timely serving the defendant under Rule 4.

Key Requirements

• Three-year limit (injury/property): File within three years of the crash for personal injuries and vehicle/property damage.
• Two-year limit (wrongful death): File within two years of death, and the personal representative must bring the claim.
• Accrual: The clock generally starts on the crash date when the injury occurs.
• Tolling for disability: Time may pause for minors or legally incompetent adults until the disability ends; related parent-held claims are not tolled.
• How to commence: Start by filing a complaint or by issuing a summons with a 20‑day extension under Rule 3; then complete timely service under Rule 4.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - General three-year limit for personal injury and property damage.
• North Carolina Gen. Stat. § 1-53(4) (Two-year limitations) - Two-year limit for wrongful death actions.
• North Carolina Gen. Stat. § 1-17 (Disability tolling) - Tolling for minors and persons who are legally incompetent.
• North Carolina Rule of Civil Procedure 3 (Commencement of action) - Start by complaint or by issuance of summons with a 20‑day extension.

Analysis

Apply the Rule to the Facts: Because the insurer disputes fault, you preserve your rights by filing suit within three years of the crash date. If any claim involves wrongful death, the personal representative must file within two years. If the injured person is a minor or legally incompetent, tolling may extend their own injury claim, but a parent’s claim for the child’s medical bills is not tolled. With the deadline approaching, use Rule 3 to commence the action immediately and then complete service under Rule 4.

Process & Timing

1. Who files: The injured person (or the personal representative for wrongful death). Where: Clerk of Superior Court, civil division, in a North Carolina county with proper venue. What: Complaint and Civil Summons (AOC‑CV‑100); if time is short, issue a summons and request the 20‑day Rule 3 extension to file the complaint. When: File before the three‑year (injury/property) or two‑year (wrongful death) deadline.
2. Have the Clerk issue the summons and arrange prompt service (sheriff, certified mail, or authorized method). Track service deadlines and, if needed, obtain timely endorsements or alias and pluries summons to keep the case alive.
3. Proceed with litigation or settlement. The case concludes with a judgment, dismissal, or settlement release.

Exceptions & Pitfalls

• Wrongful death must be brought by a court‑appointed personal representative; appointment can take time, so start that process early.
• Minors and incompetent adults may get extra time for their own injury claims, but a parent’s claim for a child’s medical expenses is not tolled.
• If a state agency or employee is involved, the North Carolina Tort Claims Act applies and uses the Industrial Commission; deadlines and procedures differ.
• Uninsured/underinsured motorist claims have policy‑specific notice and consent requirements—notify your insurer promptly.
• Last‑minute filings: commence properly under Rule 3 and follow through with timely service; missing service or failing to renew the summons can sink the case.
• A voluntary dismissal without prejudice (Rule 41) can allow one refiling within one year, but only if the original case was timely filed.

Talk to a Personal Injury Attorney

If you’re up against an approaching deadline after a North Carolina car crash and the insurer disputes fault, our firm can help you understand your options and timelines. Call us today to discuss your case.

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.