ONLY one year to put the insurance company on Notice that you were in an accident and seeking PIP/No-Fault Benefits
Once the insurance company is “on notice,” have one year from each date of service to file a lawsuit or lose the ability to recover that service. Services include:
Medical date of service
Nursing date of service
Someone helping you around the home (each day)
Prescription fill date
Mileage dates
Or each date of wage loss
2
Bodily Injury/Pain and Suffering
Comes from the Tortfeasor or “Bad Guy”
Need to show the following:
Objective Injury or Serious impairment of;
An important body function; AND
You cannot lead your normal life
Three Years to file a lawsuit
Points to Remember:
The No-Fault claim and the Bodily Injury claim are separate and distinct claims. You could settle or reach resolution of one claim and have the other continue forward.
Most health insurance policies will not pay auto-related injuries, so it is very important to bill your claim number given to you by your insurance company.