Legal Question in Personal Injury in New York

I was a passenger on a motorcycle. The driver hit a curb and I was thrown off the bike. It happened out of the state I live in and I have no health insurance. I have a large medical bill and a scar on my face. Can I sue the driver or his car insurance if our address is the same?


Asked on 4/22/10, 7:34 pm

4 Answers from Attorneys

Michael Joseph Law Office of Michael H Joseph PLLC

You can definitely sue his insurance company. If you would like to discuss it in more detail, you can reach me at 877-580-6636

Michael Joseph

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Answered on 4/27/10, 8:18 pm
Pasquale Calcagno Calcagno & Associates, PLLC

I am sorry for your ordeal. You can sue the insurance company of the person you live with and you can sue anyone else who may have contributed to the accident.

Call me, Pasquale Calcagno, Esq., for a free, confidential consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com for helpful information to the questions you may have.

We have convenient locations all over New York and will even have an attorney come to you upon request.

I look forward to helping you or providing information to you in this most trying time.

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Answered on 4/27/10, 8:57 pm

You cannot sue the insurance company directly. You sue the driver who was at fault and his/her insurance company defends the action and pays the damages either by settlement or judgment. In addition, because you were on a motorcycle, New York's "serious injury" threshold that applies to most motor vehicle accidents does not apply, which is very good for you. I am a former federal and State prosecutor and now handled personal injury cases such as yours. Please feel free to check out my web site and contact me about your case.

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Answered on 4/28/10, 5:19 am

In NYS, most motor vehicle insurance policies prevent lawsuits between spouses. As long as you're not married to the driver, you can go forward with your suit. Best, ME Zuller

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Answered on 4/28/10, 9:49 am


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