How long do I have to file a motorcycle accident claim?
North Carolina has a statute of limitations on personal injury claims, including those involving motorcycle collisions. Under N.C.G.S. § 1-52, you generally have three years from the date of the crash to file a lawsuit against any liable parties, with some exceptions. A different deadline applies to motorcycle accidents that result in fatalities, as N.C.G.S. § 1-53 requires that wrongful death claims be filed within two years of the date of the victim’s passing.
If you try to file after this deadline, the defendants will file a motion to have your case dismissed as untimely, which the court will almost certainly grant. Once that happens, you lose your right to compensation forever.
Other key details regarding the North Carolina statute of limitations for motorcycle accidents include:
- Property damage – The three-year limit also generally applies to vehicle damage.
- Minors – The three-year statute of limitations for injured minors does not begin until they turn 18. The parents’ statute of limitations is three years if they are responsible for the child’s medical bills.
- Other states – If the accident happens in another state, that state’s statute of limitations will apply. One neighboring state has a statute of limitations of one year.
It’s worth noting that these laws apply to motorcycle accident lawsuits, not insurance claims. However, since your only leverage in an insurance claim is your ability to sue, the insurer will not accept a claim filed after the window has closed. Don’t put your rights at risk. Instead, get help from a qualified personal injury attorney right away. If you wait until too close to the statute of limitations running to contact a lawyer, they will probably not take the case for malpractice liability reasons.
