Legal Question in Civil Litigation in New York

car accident

well i got in a car accident last june and since then i have gone through 3 lawyers, it seems like they arnt doing anything so i took it upon my self to go after the insurance company of the woman who hit me and they accepted 100% liability and i got 8,000 for my truck so then i asked my lawer to go after them for the medical and back wages because i was out of work for 3 months, and it has been 6 months since i asked him to do that and nothing has been done. i called them today and they told me to call them and ask myself, i mean why do i have to do all the work, i dont even want to pay these guys, so i was wondering how to go about getting back wages, medical, and if there is anything else i should go after and what paperwork i need. since i guess i have to be my own lawyer. thank you for your time.


Asked on 1/22/07, 4:19 pm

2 Answers from Attorneys

James Bacher The Saftler Law Firm

Re: car accident

First let me start by saying that I am sorry you are having so much difficulty in resolving your issue. Second, there are certain things that I have to be general about, not knowing enough about your case such as whether suit was filed and what the policy limits are of the policy for the woman who struck you.

The good news is that if the insurance company has accepted "100% liability" then you are well on your way. The bad news is without an attorney you may not get the full value of your claim.

I would suggest finding another attorney who you believe can work with you to resolve the case. Keep in mind that depending on the county, cases can take up to 5 years once the suit is filed. This brings me back to the initial question, which is whether you have filed suit.

If there is anything that I can do to assist, please let me know.

James

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Answered on 1/22/07, 4:33 pm
Jason A. Richman Jason A. Richman, Esq.

Re: car accident

in order to force compensation through the courts in NY you must have suffered a "serious injury" as defined in the insurance law. If not then you are not allowed to sue. One of the sections of the law however indicates that an injury that incapacitates you for 90 out of the first 180 days following the collision is serious. Also fracture and death among others are serious. I do not know why you have been having so much trouble with the lawyers but feel free to contact me if you have any questions. i am in rochester now but grew up in Skaneateles so I am familiar with JE area.

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Answered on 1/22/07, 4:33 pm


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