Expert: Bennie719 - 12/26/2007

Question
I was recently involved in a rear-end collision, I was not at fault, but have hurt my back and knee. I have full coverage auto insurance in SC,I will need medical treatment, but my husband and I are moving to Texas, Can I get treatment there? I have Travelers Insurance. And If my injuries are serious, can I file suit from another state?

Answer
Hi Mary,
I'm sorry to hear of your injuries and do wish you a speedy recovery.
Before leaving South Carolina, you need to report this accident to both Travelers and the adverse insurance company, and give both new addresses and means of contact.
Be sure to let the adverse company know that you are injured and will be continuing treatment in Texas.  You should start your treatment in South Carolina so you will already have information on record in a timely manner regarding your injuries.
If you also carry Medical Payment Coverage or 'PIP' with Travelers, they will pay your medical bills up to the policy limits for treatment incurred (usually within the first 12 months after the accident).
The statue of limitations in South Carolina for settling a personal injury claim is 3 years.  Since that's where the accident happened, the SC law supercedes the Texas 2 year law.
The adverse insurance company will assign your claim to a new adjuster in Texas who will work with you toward reaching a settlement.  It's rare for you to have to file a lawsuit unless your injuries are extremely severe (broken bones, scarring, Surgery, permanent or very long term disability etc.).  Injuries less severe can usually always be settled direct with the claims adjustor without the assistance of an attorney.  
I strongly advise you to only treat with Medical Doctors and prescribed Physical Therapy.  Treating with a Chiropractor will reduce the value of your claim by 50%.
I hope this has been of help.  Please write again as treatment progresses if you feel that I can be of more assistance.
Sincerely,
Bennie
San Francisco Bay Area