Short Answer

In North Carolina, you start a personal injury lawsuit by filing a civil complaint before the statute of limitations expires (generally three years from the crash), having the Clerk issue a civil summons, and properly serving the defendant. After service, the defendant usually has 30 days to respond. Your case then moves into discovery and, if filed in Superior Court, court-ordered mediation. Timely service and correct venue are critical.

Understanding the Problem

You’re in North Carolina, you were rear-ended, and settlement talks have stalled. The question is: can you move forward with a lawsuit, and if so, what do you need to do next to protect your claim? This is a personal injury civil action. The key decision point is whether to sue now to preserve your rights and meet filing and service deadlines after negotiations fail.

Apply the Law

Under North Carolina law, a personal injury case begins when you file a complaint with the Clerk of Superior Court (or District Court, depending on the amount at stake) and have a civil summons issued and served. Service must follow the approved methods and timelines. The main forum is the trial division of the General Court of Justice in the proper county. A core deadline is the statute of limitations (generally three years from the collision) and the service window tied to the summons.

Key Requirements

• File on time: File your complaint before the statute of limitations runs (personal injury is generally three years from the crash).
• Start the case correctly: File a complaint, have the Clerk issue a Civil Summons (AOC-CV-100), and include the Civil Action Cover Sheet (AOC-CV-751).
• Serve properly and promptly: Serve the summons and complaint within 60 days of issuance using approved methods (personal delivery, leaving at dwelling with a suitable person, certified mail/return receipt, designated delivery service, or USPS signature confirmation). If not served, renew by endorsement or alias/pluries within 90 days to keep the case alive.
• Choose the right venue/division: File in a county where the defendant resides or where the crash happened; District Court if the amount in controversy is $25,000 or less, Superior Court if it exceeds $25,000.
• Next steps after service: The defendant generally has 30 days to answer; discovery follows, and Superior Court cases go to a court‑ordered mediated settlement conference.

What the Statutes Say

• North Carolina Rule of Civil Procedure 3 (Commencing action) - A civil action begins by filing a complaint.
• North Carolina Rule of Civil Procedure 4 (Process; summons; service) - Summons issuance, approved service methods, and renewal by endorsement or alias/pluries.
• G.S. 1-52 (Limitations—three years for personal injury) - Most negligence-based injury claims must be filed within three years.
• G.S. 7A-38.1 (Mediated settlement conferences—Superior Court) - Superior Court civil actions are referred to mandatory mediation.

Analysis

Apply the Rule to the Facts: You were rear-ended and still have medical expenses and anxiety when stopping, so you have a plausible negligence claim. If you cannot resolve it, file a complaint within three years of the crash in a proper county (where the defendant lives or where the wreck occurred). Have the Clerk issue a summons and serve it correctly within 60 days (or renew within 90-day cycles). Expect the insurer’s lawyer to answer in about 30 days; discovery and, if in Superior Court, mediation will follow.

Process & Timing

1. Who files: You (the injured plaintiff). Where: Clerk of Superior Court in a proper North Carolina county (defendant’s residence or where the crash occurred). What: Complaint; Civil Summons (AOC-CV-100); Civil Action Cover Sheet (AOC-CV-751). When: File before the three-year statute runs; serve the summons and complaint within 60 days of issuance or renew by endorsement or alias/pluries within 90 days to maintain the action.
2. After service, the defendant typically has 30 days to answer; defense often requests one 30-day extension. The court then sets schedules; discovery generally runs for several months and varies by county and case complexity.
3. In Superior Court, the case will be ordered to a mediated settlement conference. If it does not resolve, the court issues a pretrial order and the case proceeds toward trial.

Exceptions & Pitfalls

• Shorter or different timelines may apply for claims against government entities or where special notice is required. Procedures and deadlines can change, so confirm current rules before filing.
• Service mistakes (wrong address, missing return receipt, or missing renewal within 90 days) can lead to dismissal. Track service and renewal dates carefully.
• Venue/division errors can delay your case. Confirm the correct county and whether your claim belongs in District (≤$25,000) or Superior Court (>$25,000).
• If uninsured/underinsured motorist coverage may apply, ensure your insurer receives any required notice so coverage issues don’t arise later.

Talk to a Personal Injury Attorney

If you're dealing with a stalled car‑accident settlement and need to understand how to file and serve a lawsuit on time, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.