Legal Question in Personal Injury in New York
My daughter was involved in a car accident in July of 2013. The passenger who was sitting in the back seat and was not wearing a seatbelt even though she was told to put it on, is suing. The other passenger had her belt on and is not suing. The passenger who is suing was laying down in the back seat. My husband and daughter are being sued. My insurance limits are 100,000/300,000. The person suing us is claiming soft tissue injuries. My attorney which is handling the case through the insurance company is telling me not to worry, that cases usually don't go beyond insurance limits, but I am concerned because these people that are suing, are not people of integrity. I believe they are trying to make money on this. I do have a numerous amount of photos of the person who is suing (she's 20), partying with friends, etc. as if she doesn't have a care in the world and certainly doesn't look like she's injured. Can you advise?
2 Answers from Attorneys
I hope your insurance company is not Allstate. If it is seek counsel immediately.
Soft tissue injuries usually do not exceed policy limits (especially 100/300) if not accompanied by surgery, etc. You mentioned something about having photos of her partying, etc. I suggest getting as many photos as possible of her doing any kind of physical activity (after the date of accident) that would contradict allegations of limitations. Places like Facebook and other accessible social media can be a goldmine. Wish you all the best in a successful defense.
Michael Krigsfeld, Esq.
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