Can I also claim for the injuries sustained in an auto accident that occurred 9 months ago. I declined any injuries that time.

Asked 12 months ago - Washington, NJ

I had an auto accident on highway. A pick up truck rear mudguard damaged my small suv's whole driver side. There were no apparent injuries to the other driver whereas I had some jerks and bruises at that time.
To avoid escalation in insurance premium and fear of its being dropped, as well to disturb my ailing family situation, I did not claim any injuries, at that time. I took and taking the private treatment. On the contrary other pickup truck driver who could not have received any injuries has filed a claim for over a million dollar for injuries etc.
What recourse I have against this case as I did not file any personal injury case. The attorney appointed by insurance told me that I did not need any personal attorney. Now I am feeling stupid and lost.
Advise what are my options

Attorney answers (8)

  1. James P Brady

    Contributor Level 14

    12

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    chosen by asker

    Answered . You can claim personal injuries by retaining an attorney and filing a lawsuit. If, like most people in N.J., you have the verbal or lawsuit threshold option on your own insurance policy, you will have to demonstrate permanent injury to be successful with such a claim. Your insurance defense counsel meant that a personal attorney probably is not necessary regarding the $1M claim against you as it is probably a "pie in the sky" demand by the plaintiff's attorney.

    Still, your claim, if genuine and not for spite, faces a number of additional hurdles. The failure to claim injury at the scene of the accident is not fatal to your claim (although it doesn't help). You obtained treatment but, did not submit the bills to your auto insurance company for payment under the PIP endorsement of your policy. You either paid your doctor yourself or, submitted them through your regular health insurance. If the latter, when your doctor submitted his bills to the health insurance carrier filled out a form that states that your injuries are not related to an auto accident or a work-related accident. In any lawsuit you file, the defense will get this information and it likely will be fatal to your claim in the event of a trial. if the former, you can claim ignorance that you would have been covered under PIP.

  2. Curtis James Bickers

    Contributor Level 10

    10

    Lawyers agree

    Answered . Depending on the state where the wreck occurred will determine how long you have to file a claim. Based on the facts that you have described, you need to hire a local attorney who specializes in personal injury cases.

  3. Andrew Daniel Myers

    Contributor Level 20

    9

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    1

    Answered . Negligence claims have four elements, including causally related damages. The issue here isn't whether or not you made a claim or whether you had various reasons for justifying not making a claim. Injured people receive medical treatment for their injuries. Don't take it from me, consult an atorney in your area. Here's more: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  4. Yolanda Navarrete

    Pro

    Contributor Level 20

    7

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    1

    Answered . You have two years from the date of the accident to file a law suit. You should consult with an attorney as soon as possible to review your case. You should not be speaking with insurance company yourself.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more
  5. Jonathan Seth Corchnoy

    Contributor Level 14

    7

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    Answered . I agree with Mr. Brady. Nevertheless, consult with an attorney to satisfy yourself as to your legal rights and position.

  6. George Costas Andriotis

    Pro

    Contributor Level 20

    8

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    Answered . Consult a local attorney to investigate the incident and advise you accordingly.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You have 2 years from the date of the accident to file a claim. Retain a personal injury lawyer asap

  8. Philip Anthony Fabiano

    Contributor Level 20

    3

    Lawyers agree

    Answered . Attorney Brady has outlined for you very well that you still may have a case but there are some hurdles that you created yourself. Nonetheless, if your injuries are serious enough you should consult with an attorney you chose to discuss the strengths and weaknesses of filing your own claim.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more

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