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?

Related Topics:
3 Lawyer Answers

Peter N. Munsing


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.

Tim Akpinar agrees with this answer

Tim Akpinar


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

  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.