[smileysuzy]

Hello,

My name is Susan and I have a question for you...

I had a car accident in may 2000, I reported the injury to my insurance company, I got better and didn't pursue the bodily injury claim. I receive a letter from my company stating that I can contact them anytime if my injury gets worst. I had some problems along the way in 2000/2001, did physio and had my spine cracked by a physiatrist and it settled and still I didn't report it cause it wasn't that severe. I was diagnosed with a herniated disc at the T7-T8 level in 2005. Stopped working nov 2006 and applied for acc. Benefits but was denied due to 30 day limitation for which I wasn't aware of cause of the letter they sent me. I was told that back then the time limitation is 6 years from the day you discovered you had a severe injury.. we are now 2010 and it's gotten really bad and will affect me for the rest of my life, is it too late to commence a lawsuit?

I appreciate your advise on this matter and look forward to your reply.

Have a great day!
SUSAN

p.s. I sent this to a local lawyer in 2007 and it provides a lot of details about my situation:
Hello, my name is Susan and I would be pleased if you can take a few minutes to review
The following information and give me some insight on my situtation. My most important
Question would be, in consideration of the date of my car accident, am I entitled to any part of my automobile insurance policy? And am I entitled to any sort of compensation from the third party that caused this injury? I truly appreciate your assistance in this matter and I look forward to your reply. On May 3rd, 2000 I was involved in a collision on
St-Laurent Blvd in Ottawa. I was sitting at a red light when I was rear ended by a third
Party. The impact was very hard because he was travelling at high speed and he had no idea the light was red, as he explained; his dog jumped on his lap and didn't see the red light at all. I'm sure his car was totalled. When he hit me, I didn't have good support
Of my upper bodybecause I was holding a cup of coffee and I was going to take a sip. I remember the impact caused my upper body to thrush forward and back, slamming extremely hard against the back of my seat. For a few seconds after that, I blacked out because I don't remember pulling over and turning the engine off, but I remember seeing the driver of the other vehicle standing by my door asking me if I was OK. I
Told him: "I think I'm hurt but I think I'm ok". I was really shook up and had really bad
Shakes. We called the police and they told us to go down to the station
To complete police report or we could wait a really long time for a
Police officer. So, we exchanged our information and agreed to meet there right away. I went to police station but the other person didn't show up, so I gave the officer his plate number, vin#, name, address & phone number. The officer told me to report this as a hit & run to my insurance company. I was experiencing some pain but nothing major and advised State Farm (my insurance co. at the time) that I was injured. I
Received a call from an accident benefits adjuster and I told her I
Feel some pain in my upper body but I should be OK, it didn't appear too
Bad at the time, until about 6 months later I started getting this sharp, burning
Sensation in my mid-back and at the time, my sister was very sick and passed away and I was going through a really rough time and had other health issues of my own (I suddenly developed dysfunctional uterine bleeding, probably from stress), so I stopped
Working for a few months and during that time I looked after the pain I was
Experiencing with my back. My doctor at the time, (she's retired now) referred me to
Physiotherapy (we didn't have a diagnosis) which I did at the Riverside Hospital, I did physio for a while but don't remember exactly how long, but it made things worst for me. The last time I was there, the therapist asked a supervisor to re-assess because I
Wasn't responding to the treatment. The supervisor did this test on me, he had me lay on my stomach and stretch my entire body as he pulled on my feet, I could feel this extreme pain as he was doing this and when I stood up, my arms and shoulders were locked and could barely pull a shirt over my head. So I went back to my physician and she referred me to Dr. Day, he applied mild manipulation and this help me until August 2005, I suddenly experienced this sharp, burning pain in my mid-back again and have been suffering since. I won't get into too much details about the condition my back is in now, my MRI revealed a protruded/extruded disc which indents my spinal cord in my thoracic spine (T7-8) and according to many medical professionals this is extremely rare and is usually caused by impact. I had to stop working in November 2006 because I can't handle the pain anymore. I am taking a lot medication to control the pain and I
Might have to have an extremely invasive sugery if I could find a surgeon that will do it. If not, I will have to live with this for the rest of my life. I have contacted State Farm to
Re-open my claim and last week I was told that I am not eligible for replacement of income or any benefits...

I'm really confused about the whole thing, there has to be something out there for me, it just doesn't seem fair that I will suffer for the rest of my life with no compensation.

Thanks and look forward to your answers

[JudyKayTee]

This is much too long to sort through -

Ottawa has a statute of limitation. The lawsuit must be filed within a time frame.

"Most Ontario motor vehicle accident claims on behalf of an adult must be started within two years of the date of the accident. However, to preserve your right to pre-judgment interest, you are required to give a form of notice to the drivers against whom you may claim within 120 days of the accident."

I don't like to reference a private firm but the website describes the process very well. Limitation Period in Ottawa Accident Case Ontario Statute of Limitations

Did you file within the statute?