Legal Question in Personal Injury in New York

I was stopped at a red light and was hit from behind by someone. They then proceeded to drive off. My back hurts and I've visited the hospital. I already gave the police his full plate number and they are looking into the case. Should I sue? And if so what kind of case would I have?

Asked on 2/11/12, 2:45 am

3 Answers from Attorneys

I'm sorry that this accident happened to you. Whether or not to sue is a personal decision that only you can make. Under the New York State Insurance Law, you can be compensated for your conscious pain and suffering, resulting from a motor vehicle accident, only if you have a qualifying injury. If you do not have a bone fracture you may qualify under the "significant limitation" "permanent consequential limitation" or 90/180 categories. At the very least, you should file the appropriate paperwork with your no-fault insurance company to ensure that your medical bills and lost wages (if any) are paid. If you have any further questions or would like to discuss your accident and where to go from here, you can contact me at 212-532-1200. Our office has been practicing solely in the personal injury field for over 35 years.

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Answered on 2/11/12, 5:51 am

Follow up with the police, and be sure to report the accident to your insurance company now. If you have, and continue, to treat medically, your car's insurance will cover the costs under "no-fault" (a part of every auto policy). The question of whether to sue the driver who rear-ended you will depend on how serious your injuries turn out to be. Wait a bit and see. Then consult a lawyer. Best, M. E. Zuller

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Answered on 2/11/12, 10:14 am
Michael Krigsfeld William Schwitzer & Associates, P.C.

You should notify your insurance company and set up a No-fault claim through them in order to ensure that your current and future medical bills and lost wages, if any, will be covered by them. You have 30 days from the date of the accident to file this application. Be sure to get a copy of your police report as soon as possible so that you can get the necessary information regarding the other vehicle. An attorney will be able to run the license plate in order to find out who their insurance company is so that you may file a claim for property damage and your pain and suffering is covered. How successful your claim for personal injuries may be will depend on the seriousness of the injuries you suffered. If you continue to have pain then I recommend you see a doctor as soon as possible and choosing the right doctor(s) is critical to your claim.

For an absolutely FREE consulation and to discuss the options available to you please contact our office at 347-702-4133 or by email at [email protected].

Yours truly,

Michael Krigsfeld, Esq.

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Answered on 2/12/12, 10:37 am

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