Are there time restrictions to seek medical help after car wreck?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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