PCS and Deployment: Your NC Accident Claim

The Bottom Line

Military service does not wait for your car accident claim. If you face a PCS move or deployment with an active claim in NC, the Servicemembers Civil Relief Act (SCRA) provides significant protections -- including the right to stay civil proceedings and potential tolling of the statute of limitations. But these protections are not automatic. You must invoke them properly, and you need a plan for managing your claim when you cannot be present.

The Servicemembers Civil Relief Act (SCRA)

The SCRA (50 U.S.C. Chapter 50) is the primary federal law protecting service members' civil legal rights during military service. For car accident claims in NC, the SCRA provides three critical protections.

Protection 1: Stay of Civil Proceedings

If you are a defendant or plaintiff in a civil lawsuit and your military duties materially affect your ability to participate, you can request a stay (pause) of the proceedings.

How it works:

• You (or your attorney) file a request for a stay with the court
• Include a letter from your commanding officer or equivalent stating that your current military duty prevents your appearance and that leave is not authorized
• State when you expect to be available
• The court must grant a stay of at least 90 days
• Additional stays can be requested and granted at the court's discretion

When this matters for car accident claims:

• You are sued by the other driver and cannot attend hearings during deployment
• Your case is approaching trial and you are deployed or on temporary duty
• Discovery deadlines conflict with military obligations (depositions, document production)

Protection 2: Statute of Limitations Tolling

The SCRA provides that the period of military service shall not be included in computing any period of limitation for bringing a civil action by or against a service member.

For NC car accident claims, this means:

• NC's 3-year statute of limitations for personal injury may be tolled during active duty service
• NC's 2-year statute of limitations for wrongful death may similarly be tolled
• The tolling applies to the period of military service, potentially giving you additional time to file

Learn more about NC's statute of limitations

Protection 3: Default Judgment Protection

If you are sued and cannot respond because of military service, the SCRA prevents the court from entering a default judgment against you without first appointing an attorney to represent your interests.

How this protects you:

• If the other driver sues you for the accident and you are deployed, the court cannot automatically rule against you for failing to respond
• The court must appoint an attorney to protect your interests
• Any default judgment entered without SCRA compliance can be reopened

PCS Moves and Active Claims

A Permanent Change of Station (PCS) move does not end your NC car accident claim, but it creates practical challenges.

Your Claim Stays in NC

Regardless of where the military sends you, your NC accident claim remains governed by NC law and is typically handled in NC courts. This means:

• NC contributory negligence still applies
• NC court rules and procedures govern your case
• You need a NC-licensed attorney (or one admitted pro hac vice)
• NC's statute of limitations continues to run (subject to any SCRA tolling)

Practical Challenges of a PCS

When you PCS out of NC with an active claim:

• Attorney communication becomes remote -- phone calls, video conferences, email replace in-person meetings
• Medical treatment continuity may be disrupted -- you need to establish care with new providers at your new duty station
• Depositions may need to be conducted remotely or rescheduled
• Trial attendance requires coordination with your command for leave or TDY back to NC

Before You PCS: Critical Steps

1. Hire a NC attorney if you have not already -- managing a claim from out of state without local counsel is extremely difficult
2. Complete all medical treatment that can be completed before you leave, or coordinate a transfer plan
3. Provide your attorney with your new contact information, unit, and chain of command contact
4. Execute a limited power of attorney authorizing your attorney to accept service, sign routine documents, and communicate with insurance on your behalf
5. Gather all NC-based evidence before you leave -- photos of the accident scene, local witness statements, copies of police reports

Deployment and Active Claims

Deployment creates more significant challenges than a PCS because you may be completely unavailable for extended periods.

Before Deployment

If you have an active car accident claim and receive deployment orders:

1. Notify your attorney immediately -- provide deployment dates, expected return, and emergency contact information
2. Execute a durable limited power of attorney -- authorize a trusted person (spouse, family member, or your attorney) to make claim-related decisions
3. Notify the court if litigation is pending -- your attorney can file for a stay under the SCRA
4. Settle if possible -- if your case is at a stage where settlement is feasible, try to resolve it before deployment
5. Do not sign anything under pressure -- if the insurance company pushes for a quick settlement before deployment, this may not be in your best interest

During Deployment

• Your attorney manages the claim
• The SCRA protects you from adverse court actions
• Insurance negotiations can continue through your attorney under the power of attorney
• Medical treatment may be interrupted -- document this

After Deployment

When you return:

• Contact your attorney to get a status update
• Resume medical treatment if needed -- document the gap and explain it was due to deployment
• Respond to any pending discovery or court deadlines -- the stay will be lifted
• Do not assume the insurance company waited for you -- they may have made moves during your absence that your attorney needs to address

Power of Attorney: Your Most Important Pre-Deployment Document

For car accident claims, a limited (special) power of attorney is essential. This document should authorize your agent to:

• Communicate with insurance companies on your behalf
• Sign claim-related documents (but consider excluding final settlement authority)
• Authorize medical record releases
• Accept service of legal documents
• Make decisions about the claim within parameters you define

Where to get one:

• Your base legal assistance office can prepare a power of attorney at no cost
• JAG offices at Fort Liberty, Camp Lejeune, Cherry Point, and Seymour Johnson all offer this service
• Your civilian attorney can also prepare one

Insurance Company Tactics During Military Transitions

Be aware that some insurance companies may try to take advantage of your military obligations:

• Pushing for a quick, low settlement before deployment -- knowing you will be unavailable and may accept less
• Issuing deadlines that coincide with your PCS or deployment timeline
• Requesting depositions at times they know you cannot attend
• Claiming the statute of limitations has expired without accounting for SCRA tolling

Your attorney should be aware of these tactics and prepared to invoke SCRA protections.

What If You Are the At-Fault Driver Who Is Deploying?

If you caused the accident and the other party files a claim or lawsuit against you:

• Your auto insurance (USAA or otherwise) defends you -- this does not change during deployment
• Notify your insurer of your deployment and provide contact information
• The SCRA protects you from default judgments
• Your insurer's attorney handles the defense, but you should cooperate as much as your military duties allow

Learn more about USAA and military insurance

Frequently Asked Questions

Can the court proceed with my car accident case while I am deployed?▾

Generally, no. The Servicemembers Civil Relief Act (SCRA) allows you to request a stay (pause) of civil proceedings when your military duties materially affect your ability to appear in court or participate in the case. The court must grant a stay of at least 90 days upon your request, and can grant additional stays. However, you must actively request the stay -- it is not automatic.

Does the statute of limitations pause during my active duty service?▾

The SCRA provides for tolling (pausing) of statutes of limitations during periods of military service. NC's 3-year statute of limitations for personal injury claims may be tolled during your active duty service, giving you additional time to file. However, this tolling provision has specific requirements, and you should not rely on it without consulting an attorney.

What if I cannot attend my deposition or court date because of military orders?▾

Under the SCRA, you can request a stay of proceedings when military duty prevents you from attending. Provide the court with a letter from your commanding officer explaining that your duties prevent your appearance and stating when you will be available. The court must grant at least a 90-day stay.

Should I give someone power of attorney before I deploy?▾

Yes, if you have an active car accident claim or anticipate filing one. A limited power of attorney allows a trusted person -- often your spouse, a family member, or your attorney -- to make decisions about your claim, sign documents, and communicate with insurance companies on your behalf while you are deployed or otherwise unavailable.

I PCSed out of NC but my accident happened here. Which state's laws apply?▾

NC law governs your accident claim regardless of where you currently live. The accident occurred in NC, so NC's contributory negligence rule, statute of limitations, and insurance laws apply. Your new state of residence does not change the applicable law. You may need a NC-licensed attorney to handle the case.