Legal Question in Personal Injury in New York

Automobile accident

My husband was in an accident in October of this year where the other driver was at fault. He was the only one in the car at the time. Our car was hit so hard that it spun out of control, slamming into the curb and the airbag deployed. Our insurance company deemed our car irreparable, totaled it and processed our claim by paying off the amount remaining on our car loan. We now have no car to function with, no funds with which to down pay on a replacement vehicle and my husband has been taking medication for back pain. However because he was not extremely injured (i.e. broken limbs) we aren't sure what we can do at this point because we spoke to an injury lawyer and he expressed disappointment that my husband was not more hurt and turned down our request for representation. It seems like the other guy is getting off scot-free while we have been completely displaced. How do we go about bringing an action against the other driver and/or his company? Can you recommend someone who could help?


Asked on 11/27/02, 10:26 am

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Automobile accident

It is hard to believe that your husband did not have some injuries, as well as pain and suffering.

Please call me to schedule a confidential attorney / client consultion, free of charge.

I practice in NYC and Long Island.

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Answered on 11/27/02, 1:31 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Automobile accident

Often, injuries from trauma do not evidence themselves immediately. Your husband may be experiencing neck, back, shoulder pain, etc that he did not have before the accident.

Cases without such "obvious" injuries are not always the easiest to prevail on, which is why the other attorney probably chose not to represent you.

As to the car being "totalled', NY law does not permit the recovery for inconvenience of loss of use of the car, which appears to be the case here.

Any questions, feel feel to contact me at [email protected] or call me at 914-329-2765 or at 212-764-6428.

Good Luck

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Answered on 11/29/02, 10:17 am


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