How long do I wait before taking legal action regarding a car accident in which my car was damaged?

UPDATED: Jun 18, 2011

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How long do I wait before taking legal action regarding a car accident in which my car was damaged?

I was involved in a 5 car pileup and was car #3. I am not at fault; I was completely stopped at the time I was hit. Cars # 4 and #5 are in dispute over who is at fault. Car #5 was charged but damage to car #4 was much more than to car #5 suggesting that car #4 had already hit me before being hit by car #5. Neither insurance company is acknowledging my claim saying the investigation is not complete because car #2 has not given a statement to car #4’s insurance policy. Where does this leave me legally if the driver of car# 2 does not give a statement? It has been 3 weeks.

Asked on June 18, 2011 under Accident Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I know that you are impatient and want this matter resolved as quickly as you can, but you have more than enough time to wait things out given that the accident happened only 3 weeks ago and let the investigation conclude.  Is your insurance company involved in all of this?  They need to be.  Because in the end you can collect from your own insurance company for the damage done to your car and allow them to subrogate against the other vehicle's insurance company to collect what they paid you for the loss.  It may save you aggravation in the end. ut just so you know I believe that the statute of limitations for property damage in your state is 3 years.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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