Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.
Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the years since, one PT again, I now have degenerative disk disease and today another shows I have some compression going on. I don't work outside of raising my kids so I haven't been injured on a job anywhere else. I'm just wondering since this is all likely from that accident and they ask me if it's a no fault thing if I should be perusing something with that? I never really went back to the lawyer we saw right after the accident because I was young and we moved 5 hours away. But now I'm wondering more about it.
A: I'm sorry about your lingering pains. Unfortunately, there's probably not very much that could be done at this point, some 17 - 18 years post-accident. If you were receiving medical treatment under your no-fault policy, which is likely the case, you would have probably had an IME (independent medical exam) that cut off your benefits at a certain point. And if you had a bodily injury lawsuit, it would have likely been finalized with a release that memorialized the conclusion of medical benefits. Just to be on the safe side, you could reach out to your attorney who represented you and pose this question to them - in the event they made provisions for future medical care, or other arrangements. But if it was a soft-tissue case with injuries limited to whiplash, my guess is that it would not have been likely. Ask the attorney if any recourses are still available at this point in time. That's the most definitive way to answer this question. Good luck
Jonathan R. Ratchik agrees with this answer
A: Addendum - In addition to double-checking with your former attorney to be certain about the disposition of the case, there could be other options. Even if a no-fault insurance file has long since been closed, there could be other health insurance coverages to explore. Good luck
A: Sorry to hear that you're still experiencing the after-effects of the crash. Unfortunately, the statute of limitations in New York is only three (3) years from the date of the incident. Which means your time in which to file a lawsuit expired a long, long time ago (assuming your prior attorney never filed one).
Tim Akpinar agrees with this answer
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