Are there time restrictions to seek medical help after car wreck?

UPDATED: Sep 30, 2022

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Are there time restrictions to seek medical help after car wreck?

I was the victim of a hit and run. I was the main driver on policy for vehicle I was driving. The insurance company totaled the vehicle. I was hit from the side and have had back, neck, and knee pain since accident. the insurance and vehicle are in my mom’s name. I’ve dealt with the pain so far but today, about three weeks after accident, I could hardly get out of bed. And my knee hurt so bad I limp. Is it to late to have insurance pay medical bills? Oh, the case is still open, according to their website and claim number.

Asked on October 24, 2016 under Personal Injury, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is not too late to file a personal injury claim and have insurance pay the medical bills.
If the hit and run driver was apprehended and has insurance, your personal injury claim is filed with that individual's auto insurance carrier.
If the hit and run driver was not apprehended or was apprehended and does not have insurance, your personal injury claim would be filed through your mother's insurance carrier if that policy has uninsured motorist coverage.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
 If the case is settled with the insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit for negligence against the at-fault driver.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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