After A Car Accident: Time Is Not On Your Side
It happens when we least expect it, you are driving around taking care of your busy life and all of a sudden…you are hit by a careless driver. Now, after a car accident, you are injured and your car is damaged. After getting back from your doctor, you get a phone call and it’s the insurance company for the driver that hit you. They are quick to offer you a settlement on your property damage, but when you mention your injuries they say that can’t accept responsibility until they complete their investigation. Over the next few months, you call the adjuster for an update and you don’t get a return call, or when you do you are told that the investigation is not yet complete.
We have heard this exact same story time and again, and there is a very good reason why. Remember that the adjuster represents the insurance company for the driver that caused your injuries and they aren’t in any hurry to pay for your medical bills. In fact, if they can drag out your claim long enough you might not have a claim to pursue anymore thanks to a law that bars recovery unless action is taken within a specific period of time called the statute of limitations. Under TCA 28-3-104, “an action for injuries to the person shall be commenced within one year after the cause of action accrued.” This means that there is a one-year statute of limitations for injuries you sustain in a car accident.
Dragging out your claim for more than one year isn’t the only thing to worry about. By just waiting more than a few weeks to seek treatment for your injuries, you could be limiting your recovery. For one thing, not seeking medical treatment when you need it isn’t smart because you may need a doctor’s attention. But, also delaying your care can affect the valuation of a claim by an insurance company or by a jury. Any delay in seeking treatment, no matter what the circumstance, could be seen as an indication that you don’t have an injury. That’s why we recommend seeking medical treatment only when you actually need it and without delay.
Recovery for car accident injuries is complex and speaking with an experienced car accident attorney is the only way to be sure that you aren’t’ running out of time to act and that you are getting everything you are entitled to under Tennessee law.