Legal Question in Personal Injury in New York

I was in a car accident about two weeks ago. I was rear-ended and although I turned around to look behind me as I turned back and applied my brakes I hit the car in front of me. Unfortunately the car behide me left...the car in front had NO WORKING LIGHTS . He received a ticket for this. Annyway I have receiced nurve damange to both my arms and hands? I am a righty. Do I need a lawyer? The insurance company said," If in fact if I have permant damange they will offer me a settlement? Is this true? OR is it better to hire my own lawyer?


Asked on 6/26/10, 5:00 am

4 Answers from Attorneys

The car that hit you is certaibly liable to you. If that car left, you can make a claim on the supplementary uninsured motorist coverage in your automobile policy. I would need more information to access the liability to you of the car in front - although not having working lights is helpful. In NY, you need to have "serious injury" as that term is defined in the Insurance Law in order to collect for pain and suffering. You can collect reimbursement for lost wages and medical bills under the No Fault coverage from your policy so be sure you have filled out the no-fault form and sent it to your carrier within 30 days of the accident. However, I suggest you speak with an attorney first! Most carriers will try and lowball someone who handles a case without an attorney. I am a former federal and State prosecutor and now handle personal injury cases like yours. Please feel free to check out my web site and contact me to discuss your case.

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Answered on 6/26/10, 8:13 am
Pasquale Calcagno Calcagno & Associates, PLLC

I am very sorry for your ordeal. I would say that you certainly need a lawyer to evaluate your claim. Insurance companies are businesses and want to save money. The best situation for them is to give you a low settlement and not have you get an attorney. Do no fall for their tactics.

Call me, Pasquale Calcagno, Esq., for a free confidential consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com. We have convenient locattions all over New York and can even have an attorney come to you upon request.

I look forward to speaking with you and fighting hard for your rights.

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Answered on 6/26/10, 9:05 am

You have reported the accident to your carrier, a good sign. Presumably, you have received no-fault forms in the mail. If not, call the carrier and ask for them now. You will be making two claims on your own insurance carrier: 1. no-fault, which covers medical expenses and lost wages (if any) and 2. Pain and suffering through the uninsured motorist coverage portion that is a part of every auto policy written in NY. Best to consult with a lawyer if your injuries are serious. VTY, ME Zuller

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Answered on 6/28/10, 5:53 am
David Slater David P. Slater, Esq.

Retain NY counsel. I have offices in NY and Florida. Good luck.

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Answered on 6/30/10, 2:51 pm


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