Auto Insurance Claims: Reopen Auto Accident Medical Claim, statute of limitations

Question
QUESTION: I was in a rollover accident in March 2004 when I lost control of my SUV in the rain and tumbled down an embankment. I complained of back %26 neck pain and was hospitalized for 1 day. I broke my C5 vertebrae in my neck %26 was in a neck brace for 5 weeks. I settled my claim after a few months. For the past 2 years I have had some serious back pain and went for MRI in 2009 %26 was told that I have Asymmetric disk space narrowing at L4-5 %26 mild degenerative disk space at T9-T10 with anterior disk protrusion, spurring %26 bulging. My chiropractor believes the damage that my back has sustained is probably a direct correlation to the 2004 accident. I have spent $5,000 out of pocket on spinal decompression %26 chiropractic treatments but continue to experience debilitating pain. There is another procedure I am researching that may be able to help. Am I able to re-open the claim on this accident from 2004 for reimbursement of these medical bills ?

ANSWER: Yvonne,

  It is unlikely that you can still pursue damages.  However, there are instances where you may have some recourse.  Was the rollover accident purely due to weather and driver error?  What state did this occur in?  Those two questions are important for me to know in order to provide better feedback.

  For example, in many states the statute of limitations on contracts is 10 years and in some instances 15 years.  It is possible your insurance policy is treated as a contract in your state and may allow for you to present a claim this far post accident / injury.  

  I hope this helps!

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

QUESTION: Yes - the accident was due to weather & driver error and occurred in the state of Texas. My insurance claim was through State Farm insurance.

Answer
Unfortunately, my opinion is that the statute of limitations has run on your claim.  You have only 4 years to pursue the claim.  You should get the opinion of a licensed attorney to be sure.  This is not legal advice, and there are instances where the statutes are "tolled" or in layman's terms, certain conditions may put a hold on the time limit expiring.

I hope this helps.