I was in a car accident 4 months ago to which I went to the ER with my injuries is it too late to sue the insurance company? 37 Answers as of November 06, 2012

Was in a car wreck in June. Went to the ER the same day got x-rays and such. Is it too late for me to sue the insurance company of the person who's fault the accident was over my medical bills and such?

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
No, it isn't too late to sue. But you don't sue the insurance company: you sue the person who caused your injuries.
Answer Applies to: New York
Replied: 11/6/2012
The Law Firm of Reed & Mansfield
The Law Firm of Reed & Mansfield | Jonathan C. Reed
In Nevada there is a two year statute of limitations to file suit for personal injury. However, most lawyers won't take a case with a few months of the statute running. Hire a lawyer now.
Answer Applies to: Nevada
Replied: 11/5/2012
Law Office of Melvin Franke | Melvin Franke
It is impossible to say without seeing the document.
Answer Applies to: Missouri
Replied: 10/29/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, you go to your OWN insurance company for the medical bills, lost wages, household replacement services and medical mileage. You can only collect for pain and suffering from the other party if your injuries constitute a "serious impairment of body function."
Answer Applies to: Michigan
Replied: 10/29/2012
Bozich & Korn | Joseph A. Korn
Depending upon who the at fault party is, you have up to 2 years from the date of injury to file a law suit to recover for those injuries.? However, if your only medical bills are the emergency room bill and related charges, your damages will be minimal and you might be better off trying to settle with responsible party's?insurance company directly.
Answer Applies to: Illinois
Replied: 10/29/2012
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    You have a total of four years from your date of accident to file a lawsuit.
    Answer Applies to: Florida
    Replied: 10/29/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    In West Virginia you have two years from the date of your accident to file a lawsuit. The sooner you consult with a personal injury attorney, the greater your chance of a settlement that will pay for your medical treatment for your best possible recovery from your injuries. Whether or not you can initiate a lawsuit depends on many variables, including whether or not you have signed any insurance release forms for your injuries. Even so, it might not be too late. An experienced personal injury attorney will give you a free initial consultation and will be able to assess whether you need an attorney or whether you should settle your claim yourself. Keep in mind that the insurance company's goal is to pay you the smallest amount possible for your claim.
    Answer Applies to: West Virginia
    Replied: 10/28/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    I know of no state with a 4 month statute of limitations. So you should be able to pursue a claim .
    Answer Applies to: Illinois
    Replied: 10/28/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should still be able to file a claim with the other driver's insurance company or report the accident to your insurer. But, first, you may want to consult with a plaintiff's accident or personal injury lawyer for specific legal advice and direction.
    Answer Applies to: Indiana
    Replied: 10/31/2012
    Law Office of Christian F. Paul
    Law Office of Christian F. Paul | Christian F. Paul
    You don't sue the insurer, you sue the tortfeasor, that is, the person who caused your injuries.? You have two years from the accident to file suit that's the statute of limitations.? Other statutes of limitations may apply to other causes of action that you might have. You should make an appointment to speak with one or more personal injury attorneys to help you get compensation for your injuries.? You will have to have a written agreement with the attorney, either on an hourly basis, or for a flat fee, or for a contingent fee (some percentage of the recovery).
    Answer Applies to: California
    Replied: 10/28/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    No. The statute of limitations on a personal injury claim in California is 2 years against the other driver. You can try to settle with the insurance company first, but if you have to sue, you need to sue the driver (and possible owner if different) to get to the insurance policy.
    Answer Applies to: California
    Replied: 10/26/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    No it is not too late. You have two years to file a claim in Illinois.
    Answer Applies to: Illinois
    Replied: 10/26/2012
    D. Malone Law Firm, PLLC
    D. Malone Law Firm, PLLC | Drew Malone
    It is not too late. In Mississippi there is a 3 year statute of limitations for auto accidents. You should retain an attorney to protect your rights.
    Answer Applies to: Mississippi
    Replied: 10/26/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon you have two years to file a lawsuit in most cases.
    Answer Applies to: Oregon
    Replied: 10/26/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In NY the statute of limitations is 3 years. Technically, the suit is against the driver and owner of the car, but yes it is the insurance company that writes the check. This does not address the question as to whether your injuries qualify.
    Answer Applies to: New York
    Replied: 10/26/2012
    Richard E. Damon, PC | Richard E. Damon
    You have 2 years to file suit for personal injuries in California.
    Answer Applies to: California
    Replied: 10/26/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Which insurance company? Auto? Health? Your company? The other driver's?
    Answer Applies to: Montana
    Replied: 10/26/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    There is a 3 year statute of limitation you don't sue the insurance co. you sue the driver. The insurance co defends and pays the claim if it is valid.
    Answer Applies to: North Carolina
    Replied: 10/26/2012
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    It is not too late to make a claim. It would be very helpful if you have been seeking and getting medical care since the accident.
    Answer Applies to: Texas
    Replied: 10/26/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    No. You normally have three years from the date of the accident.
    Answer Applies to: South Carolina
    Replied: 10/26/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    No, you have two years from date of loss to file suit against the party at fault for the accident. The carrier for that party is then responsible for providing a defense for the at fault party, which includes paying any verdict or settlement up to the policy limit of their insured. Should you have further questions, please do not hesitate to contact me at the number below.
    Answer Applies to: California
    Replied: 10/26/2012
    The Smalley Law Firm, LLC | Cary Smalley
    It is not too late. You have two years in KS. I suggest you consult with an attorney to discuss the specific details of your case and to ensure the best possible outcome.
    Answer Applies to: Kansas
    Replied: 10/26/2012
    Gates' Law, PLLC | Thomas E. Gates
    No, but you need to have significant damages before an attorney will take the case.
    Answer Applies to: Washington
    Replied: 10/26/2012
    Clardy & Tuomey, PLLC
    Clardy & Tuomey, PLLC | Elizabeth Tuomey
    Generally for auto accidents, you have two years from the date of accident to file a lawsuit against the responsible party.
    Answer Applies to: Virginia
    Replied: 10/26/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    In Texas you have two years from the date of an auto accident to sue. See a lawyer.
    Answer Applies to: Texas
    Replied: 10/26/2012
    John Russo | John Russo
    3 years from date of accident
    Answer Applies to: Rhode Island
    Replied: 10/26/2012
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Ryan D. Harris
    No it is not too late to pursue your rights, but you would be well advised to contact a qualified personal injury attorney right away to make sure you get all of the medical treatment you need, and all of the compensation you deserve. Our office offers free consultations and would be happy to discuss your options with you.
    Answer Applies to: California
    Replied: 10/26/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No. Most states have a one, two or three year statute of limitation. Alabama is 2 years. Talk to a local injury lawyer.
    Answer Applies to: Alabama
    Replied: 10/26/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you promptly consult with a personal injury lawyer near you ASAP about this matter. Even though the statute of limitations may not have run, practical considerations exist which your lawyer will discuss with you.
    Answer Applies to: Georgia
    Replied: 10/26/2012
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Most state statute of limitations with regards to the filing of a civil suit for personal injuries range between 2 - 3 years after the date of the negligence. You still may have time to pursue your cause of action. Remember not to sign anything and to keep the time limits into account.
    Answer Applies to: New Mexico
    Replied: 10/26/2012
    David Heller, Attorney at Law
    David Heller, Attorney at Law | David Heller
    It is not too late to sue the driver of the car, if the car wreck was in Texas. The insurance company is not a named defendant for a third party Texas automobile accident. Texas has a 2 year statute of limitations for this type of claim.
    Answer Applies to: Texas
    Replied: 10/26/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    No. Go see an attorney right away. Don't wait any longer.
    Answer Applies to: New York
    Replied: 10/26/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Consult an attorney.
    Answer Applies to: Illinois
    Replied: 10/26/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am sorry to hear about your accident and injuries. Assuming you have not already signed a waiver with the at fault driver's insurance company, it is not too late for you to establish an injury claim with respect to the injuries you suffered. All states have a statute of limitations, which is a period of time in which an injured party has to bring an injury claim. Although it varies from state to state, most states allow two years. I would suggest you contact an attorney in your area who specializes in personal injury and seek a consultation. He or she will be able to hear all of the facts of your case and give you a fully informed opinion as to what your options are at this point. Good luck to you.
    Answer Applies to: Arizona
    Replied: 10/26/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    In Colorado you have 3 years to sue for injuries received in a car accident involving two cars. Other types of lawsuits where two cars are not involved may have to be brought within 2 years of the date of the accident .
    Answer Applies to: Colorado
    Replied: 10/26/2012
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