Legal Question in Personal Injury in New Jersey
car accident injury
I had an auto accident in which I sustained a severe sprain to my foot. I had had a previous injury to this foot sustaining a lisfranic fracture a number of yrs ago. I noticed just 5 mos after the accident that a bone or cartilege is pressing against the skin causing an irritation. At the hospital after the accident, they did not x-ray the foot, but x-rayed the leg to see if there was a break. Can I claim against the auto insurance to cover the cost of medical treatment. Would there be any problem with determining who was responsible for payment of medical costs for treatment if necessary - my medical or auto insurance. Could they claim that this medical problem was due to a pre-existing condition, not as a result of a sprain to the foot from the auto accident.Is there any stature of limitation for filing this claim with the auto insurance after the accident?
3 Answers from Attorneys
Re: car accident injury
The short answer is that medical bills are payable by your auto insurance. Of course, thre is always a possiblity that the insurance company will disclaim - that's what insurance companies do!
The best way for us to give advice is to discuss this with you directly rather than through a psoting. Please call at your convenience and we can try to answer your questions. We can be reached at 800-34 NJ LAW
Re: car accident injury
The claim should first be submitted to your auto carrier. There is a 2 year statute of limitations for medical bills with some different technical aspects that I will not get into here. Make sure your doctor sends the bills to your carrier and also puts them on notice that he is treating you (21 days from the first treatment). If you would like to discuss this further call me at 732-286-2170.
John
Re: car accident injury
You need to retain an attorney to actually review your file and advise you on your legal rights, obligations, and options.
It is possible that you have a claim, depending on your insurance policy and other circumstances. It is also possible that the defense attorney could try to blame the injury on the pre-existing injury. It is possible there may be a statute of limitations issue.
If you are serious about pursuing any claims you may have, however, you need to actually retain an attorney.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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