Legal Question in Personal Injury in North Carolina

statute of lmitation

I was rear-ended by a large PU truck w/ large trailor almost 3 yrs ago. (my vehicle had almost 6000 in damages)Despite currently having neck pain I recently sent claim letter to his insurance Co. The adjuster contacted me and offered me nearly 3000.00 below what I asked. I countered/he countered again. We are sitting at a 2000 diff. After I spoke w/someone for advice they suggest I dont settle untill I see Dr about neck pain. My question is, will I need to settle by the 3 yr mark Which is in 2 weeks,or is it suffient that I have sent a claim letter to insurance Co.and have began neg. with them? I have gone to Dr and he prescribed pain meds, muscle relaxers and Physical therapy. I do not yet know how much PHYs. therapy I will need. ( apt is in 2 days)

Asked on 3/15/05, 4:22 pm

2 Answers from Attorneys

Timothy Burch Burch Law Office

Re: statute of lmitation

You must settle your claim or file a lawsuit within the 3 years in order to preserve your claim. Simply dealing with the adjuster or submitting a claim is not good enough. Once the statute of limitations expires, your claim is forever barred.

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Answered on 3/15/05, 6:36 pm
George Lennon Lennon, Camak & Bertics, PLLC

Re: statute of lmitation

Talking to the insurance company will not stop the statute of limitations from running. They're treating you like a mushroom - keeping you in the dark and shoveling manure all over you. Call an experienced personal injury lawyer ASAP!

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Answered on 3/15/05, 7:16 pm


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