First, file a no-fault claim with your insurance company. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You were supponsed to have done this within the first 30 days, so that may be what your lawyer was talking about, but give it a shot anyway, you have nothing to lose. Give an explanation as to why your claim is late, it might still be accepted. If they accept the claim, you can get the medical treatment you need. As long as the doctor signs that the treatment is medically necessary and related to the accident, you are covered. You may have what is called an "exacerbation of a prior existing condition" or an injury on top of an injury. It will take some medical tests and careful analysis to figure out what the recent accident did to you. if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. Exacerbation of a prior condition can qualify, but as mentioned above, it will take some work to figure it all out.
Answered on Oct 17th, 2011 at 3:36 PM