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Statute of limitations and toling

Discussion in 'Auto Accidents, Injuries' started by Donnie, Sep 30, 2019.

  1. Donnie

    Donnie Law Topic Starter New Member

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    Greetings,

    I was involved in a car accident at work. Due to workers comp having difficulty in locating a doctor to provide a rating on me and other factors, we are very near our 3 years for the statute of limitations. We are having to use our underinsured motorist claim to cover pain/suffering etc. Our insurance company told us (in writing in July) that submitting in writing a request for arbitration would Tol the Statute of limitations. Therefore we submitted this request in writing. Today, less than 1 month from the statue expiring, our new adjustor told us that what we were told was incorrect. She even verified that the previous adjustor had said that and spoke with her about this being incorrect.

    Do we have any recompense with errors in omissions (or other options) for what we were incorrectly told by the adjuster? Had we known what we were told was incorrect we would have hired an attorney this summer to file suit to tol the statute.

    Thanks for any assistance.
     
  2. Zigner

    Zigner Well-Known Member

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    What US state?
     
  3. Donnie

    Donnie Law Topic Starter New Member

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    North Carolina
     
  4. army judge

    army judge Super Moderator

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    If you are serious about filing a lawsuit, visit with three or four local attorneys by Friday.

    Most attorneys will offer a free no obligation consultation to discuss your concerns and evaluate your potential case.

    Good luck.
     
  5. mightymoose

    mightymoose Moderator

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    There is no reason you can not do now what you did not do then. Find an attorney to represent you and proceed if necessary.
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    You say the SOL has not yet expired. You apparently have a few days or weeks to get that done. So find a lawyer ASAP and get a compliant filed with the court. You did not say in what state this is taking place and that matters because each state's SOL rules and what will toll the SOL are different. But it's possible that there is no tolling as a result of what the insurer told you. So don't count on that.

    In the future, never take the word of the opposing party as to what the law is. The opposing party is not looking out for your best interests and, furthermore, even if the opposing party sincerely believes what he or she is telling you that person may simply be wrong. Instead, always verify with your own attorney what the law is. You had 3 years to get a complaint filed. You should not have let it go so long before lining up a lawyer to represent you should your own negotiations fail. Sure, I get that you wanted to save attorneys fees by doing as much of this yourself as you could. But sometimes doing that ends up biting you later. You at least needed to have the contingency plan in place in case to use if you needed it.
    [/QUOTE][/QUOTE]
     
  7. Donnie

    Donnie Law Topic Starter New Member

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    [/QUOTE][/QUOTE]


    We had many attorneys not even willing to take our case because Workers Comp was doing their part and it was not worth their time. Even the one we spoke to this summer felt that we were fine to proceed without one. Thanks for you advice. We are in contact with someone now.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Please clarify what "car accident at work" means. Did this happen at a work facility (and, if so, please explain the nature of your job such that a car accident could happen at a work facility)? Or were you driving on public roads on an errand for your employer? If so, what was the nature of your errand for your employer?

    I don't understand what this means. The error was corrected two months after it was made and, unless the SOL is expiring today or tomorrow, you've still got time to file suit, so you've suffered no loss as a result of the error.

    Again, the SOL hasn't expired, so there's no reason you can't file suit now.
     
  9. Donnie

    Donnie Law Topic Starter New Member

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    I was doing an errand for work. Taking our deposit to the bank, in a company truck. I do this every day. Workers comp has handled some aspects of it. But not lost time/ pain and suffering. I was out of work for many months, and have had some on going long term health issues directly related to the accident.

    Our issue with the statute becomes our time, it expires in the middle of this month. We have been told by attorneys that even back in April (when we started looking)there wasn't time to file a suit in October.
     
  10. justblue

    justblue Well-Known Member

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    ......................
     
  11. Donnie

    Donnie Law Topic Starter New Member

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    North Carolina.
     
  12. justblue

    justblue Well-Known Member

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    I saw that you had already answered that question after I posted. Sorry...
     
  13. zddoodah

    zddoodah Well-Known Member

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    You were told in April that there wasn't time to file a lawsuit before a deadline six months later?! That's some hot, steaming nonsense.

    It's about 1:45 p.m. as I type this. If I really needed to, I could draft a basic personal injury lawsuit and have it filed at the courthouse near my office before the end of the day today. While I don't practice in North Carolina, I'm quite confident that you could easily have one filed before the end of the week.
     

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