Can I still ask the insurance company to pay for treatment after 10 years?

I was involved in an auto accident in 2000-01. This accident was happened in NY. I suffered many injuries: broken nose, broken jaw, lost 4 teeth. I did get treatments for those injuries until 2002-03. Because of school, in 2002-03 I transferred to an out-of-state school and for a personal crisis, I discontinued with the treatment. I was dealing with a depression for almost 4 years. However now I want to get back on with the treatment. Can I now ask the no-fault insurance to pay for my treatment again since it has been 10 years?

Asked on March 8, 2011 under Accident Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, it does not appear that you can do this--or rather you  can ask; but it does not appear you can make them do this. An insurance policy, including no-fault, is a contract; that means that if you want to compel payment under it, you have to do so within the "statute of limitations," or time to so. The statute of limitations on contract actions in New York is 6 years, which means that if you stopped treatment--and stopped getting payments from insurance in 2003, then 2011 would be too late to take legal action to make them pay. Similarly, the statute of limitations is only three years, so it's also much too long to think about suing the other driver or someone else involved in your car accident.

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