Yes - probably. The insurance company will tell you that 18 months is too late, the records are gone, your treatment gap hurts you, and your VA benefits should cover what you need.

What is actually true is that West Virginia's general deadline to file a personal injury lawsuit is 2 years from the crash date, under W. Va. Code § 55-2-12. If your wreck happened 18 months ago in or near Beckley, you may still have time to file in Raleigh County Circuit Court.

The harder issue is evidence, not just the deadline.

For trucking cases, some key records do not last long unless someone demanded they be preserved. FMCSA hours-of-service records and electronic logging device data are often kept for only 6 months. In-cab video, GPS history, dispatch messages, and engine-control data can disappear even sooner if the carrier did not put a hold on them.

That does not mean the case is dead. Other proof can still matter: the West Virginia State Police crash report, photos, roadway evidence, repair estimates, black-box data from other vehicles, medical records, and witness statements. On mountain roads after heavy rain, where rock slides or mudslides can affect traffic, and on routes with abrupt transitions like US-48 Corridor H, those scene facts can still be important months later.

It also matters who controlled the truck. The driver, the motor carrier, and sometimes a broker are not the same company. The carrier usually carries the main liability coverage. For interstate trucks, the federal minimum is often $750,000, with higher minimums for some freight, especially hazardous cargo.

Your VA disability or VA medical care does not cancel a civilian injury claim. They are separate systems, and one does not replace the other.