Can You Sue an Insurance Company?

can-you-sue-an-insurance-companyThe weeks and months that follow a car accident can be some of the most painful and confusing times in your life.

You are forced to deal with doctors, hospitals, insurers, your employer, and more often without the use of a vehicle.

The stress and trauma of the accident can feel continuously mounting as you try to recover. Even more so when you face increasing bills for medical treatment without wages to pay them.

If the accident is serious, you should consider filing a lawsuit for compensation for your damages from the at fault driver in the crash, and an experienced car accident attorney in Greenville, NC like Harry Albritton can help.

Call or contact the office today. We can help you learn more about your legal options for suing an insurance company after a car accident in North Carolina.

When Should You File a Lawsuit?

Not all car accidents require or should have a lawsuit filed by the victims for compensation stemming from the crash. Minor accidents with minimal property damage and little to no physical injuries typically have no need to sue an insurer. This is also the case if the damages reported by all parties are easily covered by the insurance coverage held by you and the other driver.

In addition, contributory negligence laws in North Carolina also limit when you should file a lawsuit for compensation after a car accident. Contributory negligence means can be tricky depending on the facts of your case. If the court can find you even one percent at fault for the accident, you can be barred from recovery.

This includes speeding, failing to use a turn signal, pushing through a yellow light when it turns to red. Also, rolling through a stop sign, and more. If it can be easily proven that you were partially at fault for the accident it may not make sense to sue the insurance company for damages.

However, if you believe that the other driver was completely at fault, you should consider filing a lawsuit for damages. The same applies if you received significant injuries or property damage as a result of the accident. Especially if the insurance coverage will not come close to covering them.

Talk to a lawyer about the details of your case to learn more.

How Long after an Accident Can You Sue?

North Carolina law only provides a small window after a car accident to file a lawsuit for damages against the insurance company or other parties involved in the accident. Under state law, you only have three years from the date of the accident to file a lawsuit for damages.

This may seem like a significant amount of time. Unfortunately, the true value of your settlement claim is typically unknown until you reach full physical and mental improvement following the crash. This can take months or even years depending on the severity of the accident.

However, failure to file a lawsuit within the three year period can result in the court throwing out your case. So this bars you from recovering any compensation for your claims. Even if the other driver was fully at fault for the accident.

Call the Office or Contact Us Today

An experienced car accident attorney is critical to the success of filing a lawsuit for damages after a crash in North Carolina, and a knowledgeable attorney like Harry Albritton of Irons & Irons P.A. is here to help. Call the office or contact us online to schedule a free and confidential consultation of your case and learn more about your legal options for filing a lawsuit for damages today.


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