Have You Been in a Motor Vehicle Accident?

Getting into a car accident can be one of the most disruptive things you can experience. Who wants to deal with all the aftermath? First, you have to make sure you and your passengers are okay. You have to check your car for damage, deal with the cops, and then there’s the insurance claim. Just a headache that no one wants to deal with.

Which is why you might have chosen not to report the accident. You and the other driver took a look around your cars and couldn’t see any noteworthy damage. You both physically feel fine. Why get the cops involved? Even better, you don’t have to call your insurance. No claim, no headache, no increased premiums, perfect!

That is until your neck starts to hurt. Or, maybe your back is getting stiffer and more sore as time passes. Perhaps your car engine is showing signs that the collision wasn’t as damage-free as you first thought.

Suddenly, you are starting to feel like taking the easy route may not have been the best route. Now, you are wondering if it is too late to file that claim that you should have filed in the first place.

How Long Do You Have to File a Claim in Raleigh?

Good news! In Raleigh, NC, you have up to three years to file an automobile accident claim.

Remember, this also means that any other party affected by the automobile accident has three years to report the accident as well.

But you shouldn’t take this as the green light to put it off. Maybe you want to make sure you are “really” hurt before going through the claim process. You’re hoping that new knock in your engine will work itself out without needing to file an insurance claim and then bring your car to the shop.

You should know that there may be some unintended consequences to delaying filing a car accident claim. These consequences can yet again lead to headaches and heartbreak when your claim doesn’t move along as planned.

What Can Happen if You Report Your Accident Later?

You might have avoided your insurance premiums going up by not reporting your accident right away, but did you know you might be in violation of your insurance provider’s terms and services by failing to report your accident? This means your insurance provider can deny your claim when you eventually file it. They can even choose to cancel your policy, leaving you without insurance!

On the other hand, let’s say you are without insurance, and the other party involved in the accident decides to file a claim against you. This could leave you entirely on the hook for any claim filed against you, both for injuries and damage. Without insurance, that will come directly out of your pocket.

In North Carolina, it is illegal not to report an accident that results in injury, death, or over $1,000 of damage. So, not reporting that accident could even result in a criminal issue.

Should You Sue?

Now that some time has passed, mystery pain has started to set in, or your car is showing signs that it is more damaged than you thought, and you can’t feasibly report the accident to your insurance to file a claim, what should you do?

Remember that three year period you have to file a claim? That means you have up to three years after your accident to sue the other party.

What Hardships Will You Face?

It is important to know that even though you have up to three years to file a lawsuit, your requirements increase while your odds of winning statistically decrease.

The backbone of most claims will be the testimony of witnesses, the police, and even your insurance adjustor. If you failed to report your accident and file a claim, then you are almost assuredly out of luck.

This is why you should always report any accident you are in, even if you are pretty sure the damage is minimal and you are uninjured. You never know what will crop up later.

Even if you reported the accident as soon as it happened, both to the police and to your insurance, the longer you wait to bring things to court, the harder it can be to win your case. You want your witnesses’ memory to be as fresh as possible. You want your medical examination to be as current as possible and you will want the paperwork for any damage to your vehicle to be as recent as possible.

As you can see, even with up to three years to file a claim, you can still be backed into an awkward position of trying to prove you are owed financial compensation.

Do You Need a Lawyer?

Working with a personal injury attorney is pretty much always the way to go. However, if any amount of time has passed since you were injured in a car accident, then you will have even more incentive to work with a lawyer.

Working with a personal injury lawyer can help improve your odds of getting any kind of compensation because a personal injury lawyer knows what specifics to look for. They know how to use gathered evidence to prove to a judge that your injuries or damages are the fault of another.

If some time has passed since your car accident, and you are interested in working with a professional team of lawyers, then call O’Malley Tunstall PC at 919-277-0150 to schedule your no-obligation consultation.

By scheduling a consultation, you can learn what you need to do to file a claim months or even years after an accident. O’Malley Tunstall PC can help you determine the best course of action in your legal situation and get you what you are owed!