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

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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

Answers:

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

Answered 10 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. 


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