How Soon Do I Have to File a Claim After a Truck Accident in North Carolina?

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If you get into any sort of motor vehicle accident, you’re only going to have a certain amount of time to file your claim. This is the only way you can get compensation for your injuries. The best way to do this is to hire an experienced truck accident lawyer in North Carolina.

Because truck accidents cause such serious injuries, you’ll probably be out of commission for a while. The last thing you’ll want to do is deal with lawyers and insurance companies. You can let your lawyer do this for you.

But you won’t have any case at all if you don’t file it in time. If you miss the filing deadline, you’ll be out of luck. You won’t be able to recover and you’ll be left holding the bag. If the accident wasn’t your fault, you don’t want this to happen.

What is the Statute of Limitations in North Carolina?

Every state has something called a statute of limitations. This basically is how long you have to file a legal claim. For truck accidents, the statute of limitations in North Carolina is three (3) years.

The statute starts running on the day of your accident. It’s not when you discover how bad your injuries are. This means that if you wait three years and a day to file your lawsuit, your claim will be dismissed.

Does the Statute of Limitations Apply to Your Insurance Claim?

Some people think the statute of limitations applies to their insurance claim. This isn’t true. If you get injured in a truck accident, you need to get your insurance claim filed right away. Your North Carolina truck accident attorney can handle this for you.

Most insurance companies don’t give an exact timeframe in which to file your claim. Instead, they say that your claim has to be filed within a reasonable time following your crash. They interpret a reasonable time as just a few days.

Since you’re going to have to file your claim against a commercial trucking insurance company, you want to do it right away. They tend to want to deny claims. They are, after all, a business. Don’t give them any reason to deny your claim.

If your claim is denied, it can be for various reasons. Some of these may include:

  • The policy wasn’t valid at the time of the accident
  • The driver wasn’t listed on the policy
  • They believe you were at fault
  • They don’t believe you were injured
  • They doubt the severity of your injuries
  • You have a history of filing false insurance claims

Your North Carolina truck accident lawyer will fight to get your claim approved. This way, you don’t have to worry about filing a lawsuit at all.

Can I Get the Filing Deadline Extended?

If you miss the statute of limitations filing deadline, you’re not going to get an extension. The courts are very strict when it comes to filing deadlines.

There are lots of reasons why judges won’t extend the statute of limitations in North Carolina. Some of these include:

  • The defendant shouldn’t have to wait forever to defend their claim
  • Evidence gets stale over time
  • They don’t want to clog up the court docket with old claims

This is why so many cases settle. Nobody wants to go to trial. It can be expensive and time consuming. Your North Carolina trucking accident attorney will work with the insurance adjuster to get your claim paid.

If you’re attorney is able to settle your claim, there will be no need for a lawsuit. However, if your claim is denied, you’ll have no choice but to file suit against the trucking company and, possibly, other parties.

Contact an Experienced Truck Accident Attorney in North Carolina Today

If you get injured in a truck accident, you need to call a North Carolina truck accident lawyer. Your lawyer will review your case and let you know what it may be worth. They can also answer any questions you may have.

Your attorney may have to file a lawsuit against multiple parties. These may include:

  • The driver
  • The company he works for
  • the manufacturer of the truck
  • The company’s whose cargo is on the truck
  • The mechanic who may have serviced the truck

Call today and schedule your truck accident lawyer in North Carolina. The initial; consultation is free and you pay nothing until you settle your case. Don’t wait until the last minute. Remember, you only have a certain amount of time to file your claim.

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