Legal Question in Personal Injury in New York

I was in a car accident that as not my fault a year ago. A cab driver in NYC ran a red light and hit my car. The cab driver was ticketed at the scene and their was a witness who told the police exactly what happened. I was driving and my fiance was the passenger. I have a pinched nerve in my neck and back. My Fiance had to get surgery on his knee. We tried to sue the other driver together but the lawyer said I did not have a good enough case and just took on my fiance's case. My fiance is suing the other driver and his insurance company for negligence and as a result the other driver & his insurance company are now suing me.

1. Is it standard for them to try and sue me? What are the possible outcomes of this situation?

2. Do I have a case against them ?

Thank you for your help!!


Asked on 1/15/10, 3:01 pm

5 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

What are your injuries and when did the accident occur?

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Answered on 1/20/10, 3:08 pm
Sherri Plotkin Rheingold Giuffra Ruffo & Plotkin LLP

You very well may have a valid case against the taxi. I would need more information. Please feel free to contact me directly. Sherri L. Plotkin, Esq.; Barton Barton & Plotkin LLP; 420 Lexington Avenue, New York, NY 10170; 212-687-6262

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Answered on 1/20/10, 3:16 pm
David Slater David P. Slater, Esq.

1. yes

2. Not enough information is given to answer this.

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Answered on 1/20/10, 3:41 pm
Stuart DiMartini Law Offices of Stuart DiMartini

In New York you must have sustained a serious injury in order to receive a potential award.

At this point it would be important to leave you all of your medical records and the police report.

You can call 888-487-6735 and talk to Mr. Rosenberg. Tell him Stuart sent you.

Best wishes.

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Answered on 1/20/10, 3:46 pm

It would be a conflict of interest for one lawyer to represent both a passenger and a driver. Since your fiance was the passenger, and had surgery, the lawyer predictably viewed her case as the more desirable. She will sue the drivers/owners of both cars, and likely collect from two insurance companies. You, too, may have a successful case against the taxi, provided you prove both that the taxi driver was at least partly responsible for the accident, and that you suffered a "serious" injury under the definition in the law. You should meet with a lawyer, and bring all medical documentation with you. Best, M. E. Zuller (212-279-8833, ext. 11)

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Answered on 1/20/10, 4:59 pm


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