Maybe not. But if this happened in a lane shift on U.S. 50 near Clarksburg or around the Emily Drive/I-79 construction mess, the answer depends on who hit you and what was filed.

If it was a private company truck, forklift, or contractor vehicle: West Virginia's usual deadline is 2 years from the injury date under W. Va. Code § 55-2-12. Not two years from your last doctor visit. Not two years from when pain got worse. If more than 2 years passed and no lawsuit was filed, you are usually out of time. Adjuster calls, claim numbers, and "we are reviewing" letters do not stop that clock.

If it was a city or county vehicle: A City of Clarksburg truck, county vehicle, or local public works unit is different from a private contractor, but the practical deadline is still usually 2 years. People get fooled because the insurer keeps talking and sends forms in English they cannot read. That does not save the claim. If you signed a release for a small check, that can kill the case even if you are still treating.

If it was a West Virginia state vehicle or road crew: This is where people who moved here get blindsided. Claims involving a state agency like the West Virginia Division of Highways are often not handled like a normal lawsuit in circuit court. They usually go through the West Virginia Legislative Claims Commission. If you spent months or years fighting with an insurance adjuster and never filed in the right place, you may have a serious problem.

Three blunt checkpoints:

• Under 2 years: you may still have options.
• Over 2 years, no lawsuit or wrong filing: your case may be dead.
• State agency involved: wrong paperwork can wreck a good claim.

If the paperwork is in English and you do not read it well, do not trust the adjuster's summary of what it says. That is how claims disappear.