Expert: Richard Hixenbaugh - 1/21/2010

Question
I got in a car accident back in 2004 in which my car was totaled. I was having back problems after the accident so I was seeing a chiropractor.  The doctor visits were covered by the other party's insurance but I stopped going because I was pregnant and could no longer go.  I never returned to the chiropractor after having my baby but I am still having back problems.  How long do I have to reopen my claim?

Answer
Hi Christina,

If you reached a settlement agreement with the at-fault persons insurance company and signed a release form as part of that settlement you would not be able to go back for more. The settlement agreement states that you are accepting a cash payment and forever give up any right to make further claims.

If you did not sign a release form, each state has a statute of limitations that can range anywhere from 2 to 5 years. Since your accident was in 2004, even if you did not sign a release form you would likely not be able to reopen your claim. Yoou should check with a local attorney to learn your states statute of limitations for injuries and then you will know for sure.

I hope this helps
Richard Hixenbaugh