Expert: Doctor Settlement - 6/2/2007

Question
QUESTION: I was involved in a head on collision in 1976.  I suffered many injuries and had 87 stitches in my face and glass in both eyes.  I did have some plastic surgery about a year after the accident but I still have many scars.  I now want to look in to having additional plastic surgery on my face.  I never signed off on the medical part of the insurance claim and want to know how I find out about getting this covered under the original claim. I know the at fault driver's ins. co. was NYS Fidelity & Guaranty.  I'm not even sure what mine was (General Accident maybe) from an ins. broker in my hometown who has since retired.

ANSWER: Dear Dawn,

Unless you were a baby at the time,  your claim is likely barred by the statute of limitations.  It has been 21 years, so you would have been very young to still have a claim of any kind.  Tort limitations are from two to four years, and contract limitations are longer, up to six years.   

Directory of Legal Information on Statute of Limitations Information for Personal Injury Insurance Claims for Motor Vehicle Accidents
http://www.settlementcentral.com/page0452.htm

I am not sure by what you mean that you "never signed off on the medical part of the insurance claim."  So, I could be in error here, and perhaps you could better explain what claims were opened and how they were resolved.

Perhaps there is some kind of contract claim you could make, but I cannot think of one.  Please let me know if there is something unusual about your case.

The reasons to bar your claim are set forth in the page I cited for you.  The general lesson is that rights that are not exercised in a timely fashion are going to be lost.  Even if there is no statute of limitations, rights can be lost through the legal doctrine of "laches": you sit on your rights for too long, and you will lose them.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com



---------- FOLLOW-UP ----------

QUESTION: I had a lawyer and we sued the driver's ins. co. for the maximum ($10,000)  I got the money (minus $2500 for the lawyer) but still had $50,000 worth of medical coverage.  His ins. co. called me for years asking me to sign off but I never did because I have glass in one eye.  About 10 yrs. ago I got some chiropractor visits covered thru this claim.  Unfortunately, I don't remember how I made contact to ask about the claim.  I know I did talk to some guy from an ins. co. who said to send him the bills and all were paid.

Answer
Dear Dawn,

I am sorry to see that your question was delayed by Allexperts.com.  I did not receive it until this morning.  Please see the subjoined e-mail to one of the site managers for further information.  I trust that in your feedback you will not penalize me for this delay..  Feel free to write to them if this delay caused you any inconvenience.

Now, on to your question.

You need to go back to the lawyer's office and pick up your file.  If you cannot remember the lawyer's name, just contact your state bar association and they will help to locate her.  http://www.settlementcentral.com/links.php

All the information you need will be in her file.  Otherwise, if you are at a loss for even the name of the the attorney, go to the courthouse and get them to retrieve the file from the archives.  That will get you the attorney information.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com

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To: Katie
E-mail: experts@about-inc.com

Hi Katie,

I am writing in response to your email this morning, June 4th.  I logged on and was surprised to see a lot of questions that had never been sent to my email.  I did receive the questions from today, June 4th, but NONE OF THE OTHER QUESTIONS came to me in my email.

I did get other email over the first, second, and third of June, so I know that my email was working.  My host, AdHost.Com states that there was nothing wrong with my email, and that they never received the questions you show as sent to me on June first, second, or third.  

Please advise.  I am going to explain this to those who submitted the questions and let them write to you if they are aggrieved.  

Best wishes,

David Jackson, aka
Dr. Settlement, J.D. (Juris Doctor)
DoctorSettlement@SettlementCentral.Com
www.SettlementCentral.Com