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Time limit to file medical claim

Discussion in 'Auto Accidents, Injuries' started by Metalman, Mar 4, 2005.

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  1. Metalman

    Metalman Law Topic Starter New Member

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    I was in a car accident in May 2003. I was rear-ended while stopped at a light. Her car was totalled and mine was repaired, although the total $ to repair exceeded that "total" threshold. I saw my doctor the next day because I experienced confusion and blurred vision, which lasted for 7-10 days.

    The main problem was a gradual increase in back/neck pain. It was managable and I thought it would go away. Within 3 months, I was no longer able to play with my kids, ride a bike, sleep or even move around like I used to. I sought chiropractic help, which corrected the problem within several months.

    The insurance company, representing the woman who hit me, is refusing to pay my claim. They state that I waited too long to seek treatment. All visits are docmented as well as range of motion, before & after treatment.

    Do I have a case if I decide to sue the insurance company?

    Thanks.
     
  2. badluck

    badluck New Member

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    Hi there
    I am in a similar situation. I was recently rear ended at a complete stop. My insurance company claims that I have 3 years to file "medical" related claims. That is if I do not sign anything releasing them from liability. That means that I will continue to seek treatment etc. until the problem is corrective (within reason). Certianly as long as the injuries are documented and you did seek treatment within a reasonable amount of time. I would call your insurance co. for advice. That is assuming you were insured during that time. At the very least your insurance my be willing to compensate you for your injuries and then they will take this to the other insurance company to get their money back.

    I am not a pro at this but I did tell them I had injuries and that I would be seeking atn...for the very reason that if problems continue to arise this is documented and the other drivers co. cannot say I waited an "unreasonable" amount of time before claiming injury.

    Back and neck problems are "soft tissue" damages therefore they are difficult to prove or disprove. I would be careful to document EVERYTHING and say very little to the adjuster without seeking counsel from an attorney.

    I am not sure if this helps...also see NoLo for additional advice. That is a very good website.
    Do a little research and I wish you the best...
     
  3. harden232

    harden232 New Member

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    what is the statue of limitations on my claim

    when i was 11 years old i had a appendix that burst i sat in a hospital for 6 days before they transfered me to another hospital were they sayed i was gan green they did emercency surgery and had to take all of my insides out to clean the mess up.
    Thanks to that i have always had trouble with my stomach i have had problems with severe pain and keep tring to find out why finnaly my doctor said my uteras is upside down due to them putting it back in wrong i will never be able to have kids and will have to have surgery to correct it can i still sue the doctors who did my appendix i am 21 now ? :confused: :mad: :(
     

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