Legal Question in Personal Injury in New York
Can I sue for breach of contractual obligation?
Is there a statute of limitations for filing a breach of contract claim against an insurance company,due to the fact that they used doctors who work for the insurance company and my injuries have gotten worse?
I was denied on 10/24/05 and may need additional surgery.
How nlong do I have to file;this is not to recoup PIP payments.
Any info would be deeply appreciated.
Respectfully submitted.
1 Answer from Attorneys
Re: Can I sue for breach of contractual obligation?
The Statute of Limitations for a breach of contract is usually 6 years, however, in your case, there is no breach; your insurance company is within its right to use their own doctors for IME. If you need additional treatment, the proper procedure is to negotiate with your carrier to re-open your no-fault claim. If that does not work, another option is to file for Arbitration, and/or to negotiate a lien with your treating doctor. It appears that there are many complicated issues involved in your case, especially, if you may need surgery. I do not recommend that you handle this matter without an experienced attorney. Please feel free to call my office.