Auto accident totalled my vehicle, other driver at fault, now, 2 days later have pain which did not appear until next day, is it too late?

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Auto accident totalled my vehicle, other driver at fault, now, 2 days later have pain which did not appear until next day, is it too late?

was t-boned by a high school kid who came across a four lane highway at full speed – advised me “he could not find his brake” when he saw me. No pain evident at scene, appeared next day. Two days after accident, I had to file claim with his insurance, he is nowhere to be found, while waiting for police report to go to his insurance co. (proving my claim since they cannot get his side of the story), I had to rent my own vehicle. I see a lot of negligence here – but would like to know where I stand legally. Is it too late to address medical issues? Thank you in advance…

Asked on May 16, 2009 under Accident Law, Kentucky

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You have (in most states) 2 years from the date of the accident to file a lawsuit.  You issue appears to relate to your compensation to pain/suffering and med bills.  The sooner you treat the better as an insurance company is going to think that you are not that injurd and are just trying to make money if too much time elapses b/t the time of the accident and the treatment.  Therefore, go to the hospital and get treatment.  The go see a lawyer who will assist you to put your claim together and make sure that you treat and follow up and get compensated for the medical bills.  Its not too late.  Just go to your primary care physicial and see what he/she recommends and follow the advice, in addiiton to obtaining a lawyer.


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