If I had a bad auto accident 11 years ago and my auto insurance paid my hospital bills and subsequent care, what can I do if I need back surgery now?

I never “signed off” on it but have had back problems since my regular insurance paid for. I no longer have health insurance and am wondering how I might get a needed back surgery paid for, like from my auto insurance.

Asked on November 14, 2015 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If it was 11 years ago, it's too late to take action: the "statute of limitations," or time within which you must take legal action (e.g. file a lawsuit) has long passed either for the accident itself (that is a 3-year statute of limitations; i.e. the lawsuit against another driver, if there was another, at-fault driver, should have been brought within 3 years of the accident) or for your insurer's actions, if you feel that somehow breached their obligation under the insurance policy (insurance policies are contracts; the statute of limitations for breach of contract in your state is 6 years).


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