Is The Insurance Company Still Liable?

Question

I was in a car wreck 2 months ago. It was the other guy's fault, so his insurance company paid for damages, and took care of medical bills for my 2 children.
At the time of the wreck, I didn't seek medical attention.
Now 2 months later, after the wreck, I find myself having severe panic attacks. I have a fear of being run over again , and again, at every intersection that I cross, because of the wreck I had.
I am in constant fear of driving, and my panic attacks are so severe, that my hands clintch the steering wheel, and someone has to pry them off. I hyperventilate that bad.
I have called the insurance company, and left a message as to what is going on, and no one will call me back. What do I do?
This car wreck has caused this, I know it is not a physical injury, my question is wouldn't the insurance be responsible for my emotional turmoil?
I was told I have 2 years to file on medical claims, is this true? I haven't signed off on any medical claims.

I haven't settled yet. I have recieved no money for my medical, nor have I signed off on any medical claim.

Answer 1

I would recommend you seek legal council, as well as start a paper trail, log the dates and times that you have left messages with the company, also send them a letter, stating that you have copies and are looking into legal action if you do not get a responce from them in a weeks time of the date on the letter. This should help put a fire under their seats.

I am sorry that you are having such a difficult time with this company, another person you may want to have help you is your agent, they may have some other inside information on how to handle this.

Answer 2

Sadly, you will probably need to seek the advice of an attorney. Since they've settled with you, the insurance company will make it a priority to ignore and delay you, hoping you'll go away. They have statistics that show this works about 65% of the time, people give up and they keep the money. Seek out an attorney that offers a free consultation (if youve ever used a lawyer you liked ask him for a referal) and discuss your case with him.

Answer 3

Each state has its own statute of limitations, what you describe is common, you will need to tell your dr about the accident and make sure they properly document the date of the onset of symptoms. Your claim is seperate for injury from the rest of your family. You will need to renotify the company of your current injury status and ask your insurance company to reopen your claim. If its close to the statute of limitations take the time to go to the court house and file and extension in the court records to extend the statute of limitations, a lawyer or legal aid can advise you how. You can preserve your statute for as long as you need if you file to protect it.
You may reopen your claims as long as the statute did not run. I happened once to file the day before the expiration. Its a big hassel.. allow lots of time.. and yes you can make your own claim seperately for the injuries.

Answer 4

You should see a doctor. Maybe a psychologist.