Time Limit on Auto Injury claims

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Latest post Tue, Feb 24 2009 4:35 PM by OliviasMom. 2 replies.
  • Fri, Feb 20 2009 3:39 PM

    • EESales
      Consumer
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    • Joined on Sun, Jan 21 2007
    • PA
    • Posts 23

    Question [=?] Time Limit on Auto Injury claims

    I was involved in an accident in December, where the other drive turned onto my road wide and side swiped my company vehicle. At the time of the accident, I was understandably shaken and sore, but otherwise felt fine. I reported no injuries at the time of the accident, attributing my soreness to the fact that I'm sure when I saw the other vehicle approaching my muscles automatically tensed in anticpation of the collision. I saw my family doctor the next day and was told to simply rest as much as possible.

    I proceeded with daily activities (work, errands, etc) as much as possible, while trying to keep off my feet as much as I could. I spoke with both my company's insurace carrier and the other driver's and was primarily concerned with the damage to the company vehicle.

    About 6 weeks after the accident, I began having back spasms and pain to the point that I was barely able to get out of bed in the mornings. I went to see a chiropractor. When I mentioned that I had been in an accident about 6 weeks prior, he said that my pain was most likely related to the accident and that I would have to file a medical claim with the car insurance company since he would not be able to bill my medical insurance. The car insurance company has told me that I need to talk with worker's comp insurance first to determine if the accident was work related since I was in a company car (I was less than half a mile from my house starting my commute to work at the time of the accident.) Worker's comp isn't an option because I was only commuting to work, not actually on company business at the time. However, that is an entirely different issue.

    My chiropractor has suggested that I contact the other driver's insurance company and file a personal injury claim to collect damages, essentially to pay my chiro bills as I am continuing to see him. My question is that now that I am approximately 2 months from the date of the accident, have I missed my opportunity to file a personal injury claim? The damages to my vehicle were handled very smoothly as the police report clearly indicated that the other driver was at fault. My concern on the injury front has to do with the fact that I did not report any injuries immediately followig the accident and that since 2 month have passed that they will be unwillig to accept the claim.

    Thoughts and opinions are very welcome and appreciated.
  • Fri, Feb 20 2009 3:45 PM In reply to

    re: Time Limit on Auto Injury claims

    If Workers' Comp does not apply, then under PA law your own auto policy, or if you do not have your own then the policy on the vehicle you were occupying is responsible to pay at least the first $5,000.00 in medical expenses, regardless of fault. These are called first party benefits.

    The other driver's insurance is not responsible to pay for medical expenses covered by first party coverage.
  • Tue, Feb 24 2009 4:35 PM In reply to

    Feedback [*=*] re: Time Limit on Auto Injury claims

    There is a very short time frame to see a DR unfortunately. The longer you wait, the window opens for them to claim that you injured yourself doing something else. i always tell people regardless of the nature of the injury, see a DR asap that will help your claim.

    You did see a DR immed but reported no pain. All you can do is file and hope they will cooperate.
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