Legal Question in Personal Injury in New York

Pedestrian hit and is suing two years later

2 years ago, I struck a pedestrian with my vehicle on the side of his knee: no serious injuries occured and the man actually got up and walked after he was hit by me. Now I receive a letter that i am getting sued for $3million for compensatory damages to him and his wife. Even though it was my old insurance company and I had full coverage, doesn't the company handle the legalities of it and pay whatever compensatory damages that have to be paid? Isn't it true that if they did not file a claim with the insurance company within 90 days of the accident that the claim is null now?


Asked on 10/29/02, 9:01 am

2 Answers from Attorneys

Thomas Reilly Learned, Reilly & Learned

Re: Pedestrian hit and is suing two years later

If you have been served with anything asking for money regarding this accident you should immediately get it to the carrier you had on the date of the accident. But if the letter is from your carrier they are probably advising you of the suit. There is no limit of 90 days.

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Answered on 10/29/02, 10:22 am
Raymond David Marquez R. David Marquez, P.C.

Re: Pedestrian hit and is suing two years later

In a case of personal injury due to a pedestrian knock down, the statute of limitations is three years. This is not a no fault auto accident fender bender. Your old insurance policy should respond, but they may also seek to disclaim coverage based upon untimely notice. You may think that because the guy got up and walked away that you were in the clear, but in fact, you should have filed a Police report to protect yourself. You could have given the insurance company notice of a possible claim, but didn't. Check with your homeowner's insurance company to see if they will cover you if your auto insurance carrier tries to disclaim. If you are a New York resident you should also have coverage under manditory state provisions that apply to uninsured motorists. Check with your insurance agent. If you are without coverage and must defend the accident yourself, you'll need an attorney. I may be reached at my civil practice web address, [email protected] if you'd like to discuss the matter further. I have many years of insurance defense experience, as well as, experience in representing plaintiffs.

As for the claim of three million dollars, most likely the lawyer bringing the law suit always sues for three million dollars. That figure is not necessarily indicative of the value of the damages. It just may be an arbitrary number aimed at satisfying jurisdictional limitations of the court. Hope this information helps. Good luck.

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Answered on 11/03/02, 12:53 pm


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