Can You Still File A Claim After An Accident If You Didn’t Immediately Seek Medical Attention?
After a car accident, seeking medical attention is one of the most important steps to take, but not everyone does so right away. Some injuries may not be immediately apparent, while others may seem minor at first but worsen over time. In Michigan, delaying medical treatment does not necessarily bar you from filing a claim, but it can make the process more complicated. Insurance companies often use delayed treatment as an argument to deny or minimize claims, making it critical to understand your rights and legal options.
Michigan’s No-Fault Insurance System
Michigan follows a no-fault insurance system, meaning that drivers must carry personal injury protection (PIP) insurance under MCL 500.3101. This coverage pays for medical expenses, lost wages, and other damages regardless of who caused the accident. Even if you delayed medical treatment, you may still be entitled to benefits under your PIP policy. However, failing to seek care immediately may lead the insurance company to challenge the severity of your injuries.
The Impact Of Delayed Medical Treatment On Your Claim
Failing to seek medical attention right away can affect your claim in several ways, including:
- Causation Disputes – Insurance companies may argue that your injuries were not caused by the accident but by something that happened afterward.
- Claim Denials – Delayed medical treatment gives insurers a reason to dispute whether your injuries are legitimate.
- Reduced Compensation – Even if your claim is accepted, insurers may offer lower compensation if they believe your injuries are not severe.
Michigan’s Statute Of Limitations For Car Accident Claims
Under MCL 600.5805, Michigan law gives injury victims three years from the date of the accident to file a personal injury lawsuit. However, PIP benefits must be claimed within one year of the accident under MCL 500.3145. If you did not seek medical attention right away but later realize your injuries are serious, you may still have time to file a claim.
Steps To Take If You Did Not Seek Immediate Medical Attention
If you did not seek treatment right away, you should take the following steps to protect your legal rights:
1. Seek Medical Attention As Soon As Possible
Even if some time has passed since the accident, seeing a doctor can establish a medical record that links your injuries to the crash.
2. Document Your Symptoms
Keep a record of when you first noticed pain or other symptoms and how they have progressed. This can help prove that your injuries are related to the accident.
3. Gather Evidence
If possible, collect photos, witness statements, and any other evidence showing how the accident occurred and its impact on your health.
4. File A Claim Promptly
Notify your insurance company as soon as possible, even if some time has passed. Michigan’s one-year rule for PIP claims means you should act quickly to avoid missing the deadline.
5. Consult A Car Accident Attorney
An attorney can help gather medical records, communicate with insurance companies, and fight for the compensation you deserve.
Can Insurance Companies Deny A Claim Based On Delayed Medical Treatment?
Yes, but they must provide a valid reason. Insurance companies often argue that:
- The injury was pre-existing or caused by something other than the accident.
- The delay in treatment suggests the injury is not serious.
- The accident was not the direct cause of the medical issues.
An attorney can challenge these claims by providing medical evidence and expert opinions to establish a direct connection between the accident and your injuries.
Michigan Accident Frequently Asked Questions
Can I File A Claim If I Didn’t See A Doctor Right After The Accident?
Yes. Michigan law does not require immediate medical treatment to file a claim. However, the longer you wait, the harder it may be to prove that your injuries were caused by the accident. Seeking medical care as soon as you notice symptoms can strengthen your case.
How Long Do I Have To Seek Medical Treatment After A Car Accident?
There is no strict deadline, but insurance companies may question the validity of your claim if there is a long delay. Ideally, you should seek medical care within a few days of the accident. If symptoms appear later, get checked by a doctor as soon as possible.
What If I Only Noticed Pain Days Or Weeks After The Accident?
Many injuries, such as whiplash, concussions, or internal injuries, may not show symptoms immediately. If you begin experiencing pain or discomfort days or weeks later, document your symptoms and visit a doctor. Medical professionals can link your injuries to the accident even if time has passed.
Can A Delayed Medical Visit Affect My Settlement?
It can. Insurance companies may argue that the delay means your injuries were minor or unrelated to the accident. However, strong medical documentation, witness statements, and legal representation can help counter these arguments.
What If The Insurance Company Denies My Claim Due To Delayed Treatment?
If your insurance provider denies your claim, you have the right to appeal. You can provide medical records, expert opinions, and additional evidence to prove your injuries were caused by the accident. An attorney can handle the appeal and fight for your benefits.
Should I Accept A Quick Settlement Offer From The Insurance Company?
No. Insurance companies often offer low initial settlements in hopes that injured victims will accept without understanding the full extent of their damages. If you have not yet received a full medical evaluation, you may be undervaluing your claim. Consult an attorney before accepting any settlement.
Can I Still Recover Damages If I Was Partially At Fault?
Yes. Michigan follows a comparative negligence rule under MCL 600.2959, meaning you can still recover damages even if you were partially at fault. However, your compensation may be reduced based on your percentage of fault.
What Types Of Compensation Can I Receive If I File A Claim?
If your claim is successful, you may be entitled to:
- Medical expenses (current and future treatment)
- Lost wages if you were unable to work
- Pain and suffering for long-term physical and emotional distress
- Rehabilitation costs for therapy or medical devices
How Can A Lawyer Help If I Delayed Seeking Medical Treatment?
An attorney can help:
- Gather medical records and expert testimony
- Handle negotiations with insurance companies
- File a lawsuit if necessary
- Protect your rights under Michigan car accident laws
If you were injured in a car accident but did not seek immediate medical attention, you may still be eligible for compensation. At Ravid & Associates, P.C., we fight for injury victims throughout Michigan to ensure they receive the benefits they deserve.
Call Our Michigan Car Accident Law Firm For Top-Notch Legal Help
Contact our Detroit car accident attorneysat Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Our office in Southfield, Michigan, serves clients in Detroit and throughout the state. Let us help you protect your rights and secure the compensation you need.
