First of all I hope that a law suit has been previously filed. You did not say where the accident occurred, but if it was in New York State, where you posted the question, the statute of limitations in an accident case is three years, meaning that a law suit would have had to have been filed in a court of proper jurisdiction within the three years after the accident, or by the date in December on which your accident occurred, three years later, in 2004.
If the other driver was at fault, then yes you should get pain and suffering damages. If you were at fault, no you do not get pain and suffering damages.
New York is a "no-fault" state, you say? Yes I know, but that only applies to payment of the medical bills and not to bodily injury claims.
Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
If you did not file a lawsuit your time is up because there is a 3 year rule. Unless you were under 18. If your attorney did not file suit you may have a malpractice suit
