Legal Question in Personal Injury in New York

Re: Action after arbitration award

I am sorry for your wife's injuries. 200,000 indicates she must be injured seriously. I wish her the best of luck in her recovery.

Regarding your question, yes; of course you can. If he has assets, then you may collect them.

The category of law is 'Debtor/Creditor' action and does not require a new lawsuit.

This does not require an attorney. Many people who do this work are not lawyers. However, an attorney has more 'legal tools' available.

The first step is to require the debtor to make an 'accounting' of his assets. An attorney does that by issuing an 'attorney subpoena', and a non-atttorney by motion before the court. The next step is 'lien/attachment' (again the attorney does that by issuing an 'attorney subpoena', and a non-atttorney by motion before the court).

I do this work (my clents often need help collecting money awarded by the court) and I would be happy to assist you.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: Action after arbitration award

Your arbitration award should have been confirmed and reduced to a judgment. You may still have an opportunity to do this if it has not been done already. If the insurance company transmitted a check which stated something similar to "in full satisfaction of all claims", or if your wife signed a general release, then you will not be able to pursue the matter further.

You should have your documents reviewed as soon as possible. Confirmation of arbitration awards must be requested within short time limits. You may call our office to make an appointment for such a review.

Re: Action after arbitration award

Generally not ... unless there was excess insurance to attach but was the excess carrier placed on notice of the claim. It;s probably too late now if, and only if, there was excess.

Good Luck.

RRG

Re: Action after arbitration award

You should learn to dance with the guy that brung you. Your lawyer should discuss this with you. He is familiar with all the facts and the N.Y. law. This is not a matter for an off the cuff opinion. You should not shop the internet for dangerous advice. If, after meeting with your atty you feel you need a second opinion you should discuss with him/her conferring with a law firm that is particularly experienced in "bad faith" and excess collections. You have a $100,000 problem that demands serious consideration and attention.