Legal Question in Personal Injury in New York

17 y/o in MVA

My 17 y/o daughter was a passenger in a MVA where the driver was NOT at fault . She recieved a minor knee injury and burns from the airbag. She was treated and released from the hospital. The NY no-fault has taken care off the medical. My question is, according to the insurance company of the driver in fault, we can't get pain and suffering because she was not out of work and has not been laid up for 90 days or more. They are ''willing to settle for $1500.00. Is this a fair settlement??


Asked on 8/16/05, 9:29 am

3 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: 17 y/o in MVA

I would need to know more facts. What were her injuries? What was her medical treatment. I can tell you one thing for sure, if you are not represented by a lawyer the insurance company is going to low-ball you.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/16/05, 10:20 am
Bunji Fromartz Fromartz Law Offices

Dont settle!

Discuss this with a lawyer immediately! Any insurance company will try to get the lowest figure. You can probably do better with a lawyer even if there are some no-fault questions.

Please do yourself a favor and aet a lawyer to explain all the facets to you.

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Answered on 8/16/05, 3:26 pm

Re: 17 y/o in MVA

The insurance company is referring to the "serious injury" requirement set forth in the no-fault insurance law. There are more catagories than just the two that the insurance company mentioned to you (no lost work and not being laid up for 90 days). You should discuss the case with a lawyer and make sure that your daughter gets all the medical treatment that she needs before you can assess her medical situation. In addition, because your daughter is younger than 18, a court must approve any settlement, even if there is no lawsuit started. Its called an infant's compromise and there are some filing fees involved. My firm handles these cases on a contigency basis so feel free to contact me by email or at 212-622-7180. I would not take a fee on the first $1,500, as you have already obtained this offer without a lawyer. Good luck.

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Answered on 8/16/05, 3:41 pm


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