Car Accident - not at fault

[vmdag]

Pennsylvania
In February of 2004 I was involved in a motor vehicle accident. I was hit from behind and pushed into the car infront of me. I had limited tort on my insurance at the time. I experienced neck and back problems right way. At the time I was told that my injury was not serious enough to get compensation. It took a year and a half to find a doctor that knew what was causing my pain. Now, almost 3 years later, I found out that it was more serious than they first thought. I will have to go though trigger point injections for the rest of my life, while seeing a chirpractor at the same time. I can not lift heavy objects. I can no longer drive for more than 45 minutes to one hour at a time, otherwise I am in excrutiating pain. I know that you generally can not do anything after the two year window had closed, but is there anyway around this??

[moburkes]

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

[moburkes]

Did you purchase extraordinary medical benefits?

[vmdag]

I have been seeing a chiropractor, now once a week, which is $45 every visit. I've had to buy muscle relaxers and prescription IB profen for about 3 years now. Not to mention the numerous docotors visits with copays. I've had about 10 x-rays and 5 MRIs. I've been to physical therapy about 4 times, each time last a couple months. That was mostly out of pocket too. Medical runs out very fast. I am unable to do some things at work since I can not lift more than about 5 lbs. I'e also had to freeze my gym membership.

[moburkes]

Originally Posted by vmdag

I have been seeing a chiropractor, now once a week, which is $45 every visit. I've had to buy muscle relaxers and prescription IB profen for about 3 years now. Not to mention the numerous docotors visits with copays. I've had about 10 x-rays and 5 MRIs. I've been to physical therapy about 4 times, each time last a couple months. That was mostly out of pocket too. Medical runs out very fast. I am unable to do some things at work since I can not lift more than about 5 lbs. I'e also had to freeze my gym membership.

You're not very good at answering questions.

[vmdag]

I had a PPO at the time of the accident, but my current job only offers an HMO. I just want to know if I can pursue this even thought its been almost 3 years.

[moburkes]

Did you purchase extraordinary medical benefits?

This is not a question about your HEALTH insurance policy. This is a question about your AUTO insurance policy. I'm not sure if you can pursue this. When you received a settlement for the accident, what was the wording on the papers that you signed?

[vmdag]

First of all, you do not have to be so rude. If you clearly explained yourself in the first place, I could have better answered your question to start. There was no settlement. I received the check for my Jeep being totalled, but that was it. If I had received a settlement, I would not be asking about compensation. Like I said, I had limited tort at the time, you can not go after someone for minor pain and suffering. But now that my injury is much worse than what was initially thought, I was wondering if there was a way around this.

[moburkes]

You misunderstand the coverages on your policy. You cannot sue for pain and suffering with limited tort. You can ask the at fault party to pay your medical bills, once you have exhausted YOUR coverage on your own policy. Do you have additional coverage available on your OWN policy?

You more than likely CANNOT sue for pain and suffering since YOU chose limited tort.

[vmdag]

I was told that I could not get anything with limited tort, including money from the person that hit me for the balance of funds. I do not have the person's name or number or anything. I was taken to the hospital right away. The police handled everything. I have a different car insurance company now, with full tort. I did not chose limited tort. My dad chose my policy for me. I was still in school, under his policy and he did that to save me money.

[moburkes]

Originally Posted by vmdag

I was told that I could not get anything with limited tort, including money from the person that hit me for the balance of funds. I do not have the person's name or number or anything. I was taken to the hospital right away. The police handled everything. I have a different car insurance company now, with full tort. I did not chose limited tort. My dad chose my policy for me. I was still in school, under his policy and he did that to save me money.

And YOU chose to remain on your parent's policy, to save money. Again, I asked about your coverage. Did you have any additional coverage on THAT policy that you may be able to use to help pay any additional medical bills?

[vmdag]

Again, like I said, I exhausted all of my medical benefits on my car insurance policy.

[moburkes]

Then, at that point, you ask the at fault party to pay under their liability coverage. This is different that asking for pain and suffering. You are simply asking for MEDICAL BILLS to be paid.

[vmdag]

I was told at the time that I could not even get that. It took me only 9 months to exhaust the coverage. Now, seeing as though it's been almost 3 years, would I still be able to get this guy to pay? If so, how would I beable to get him to pay? I have no name or number. And I don't know if I would go after him or the company since he was working and driving a company vehicle.