Raleigh, NC asked in Personal Injury for North Carolina

Q: The woman whose car I rear-ended months ago said she was fine. Now she's claiming back pain. Could I get sued over this?

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3 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered

A: Yes. Let your insurance handle it. If you get calls on it do not comment, pass it on to your insurance. If you are served with papers, make a copy, then call, fax a copy, send a copy certified return receipt to the address for the adjuster on your case. Put the claim number at the top of each page--your company's claim number, not hers.

Timur Akpinar agrees with this answer

Timur Akpinar

Answered

A: If the person sues, let your insurance company handle it. But it could be difficult to assert a claim based on injuries that materialize months after an accident. That's an issue your insurance carrier would need to look further into after reviewing the medical records.

Tim Akpinar

Dmitriy Panchenko

Answered
  • Matthews, NC
  • Licensed in North Carolina

A: Yes. Technically, you can get sued within a designated timeframe -- statute of limitations. It varies from state to state, but generally it's three years for personal injury cases. However, as the other attorneys pointed out, waiting even a few weeks after the accident to seek treatment will likely kill the case. As such, just contact your insurance company and let them know about the accident. They will likely deny her claim upon review of her medical records.

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