Legal Question in Credit and Debt Law in New York

Bank Accounts Frozen

I have been named as co-denfendant in a civil lawsuit against my employer in regards to a motor vehicle accident (property damage). I was a company driver in a company vehicle at the time of the accident. My company was found liable, but has not paid the plaintiff. My bank accounts are now frozen, and I am legally bound not to sell any assets. How do I free my assets and bank accounts? Can I sue my employer for falure to pay lawsuit?


Asked on 5/17/04, 2:46 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Bank Accounts Frozen

One bit of information that you did not supply: do you have automobile insurance of your own, on your personally owned vehicle? Did you forget to inform that carrier about the accident? Did anyone tell you there was no need to notify your own insurance company? Or is the carrier on your policy also the carrier on your employer's vehicle? It could make a big difference.

As to the immediate question: you were in the lawsuit as a defendant, you lost, and you are in for the damages just as your employer is. Did the insurance company that defended your lawsuit say that they were defending you? Did they say they were NOT defending you? What kind of appearance did the insurance company's lawyers file? And so it goes. In other words, you have not supplied enough information to find the solution, but you are well and truly stuck for the moment. Remember, if they defended you, then they are your lawyers, you are their client, and they could get into a whole lot of hot water if they sold you down the river. There are lots of other questions, mean and nasty questions, that might follow, because even though they may have acted as if they were the insurance company's lawyers, if they defended you in a New York Court they are YOUR lawyers and they owed you their very best. If they were not your lawyers and they did not defend you, then you should by now have been notified that the plaintiff was going to win by default. That should have inspired you to talk to your own insurance carrier, or perhaps to have cut a deal with the plaintiff. Again, if YOUR attorneys did not do their very best to defend you, you may have some recourse against those lawyers, and if they were in-house insurance lawyers, you should be able to make the insurance company feel the pain.

Bottom Line: you're going to have to spend the money to hire a lawyer and work it out. There's no alternative at this point. Good luck.

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Answered on 5/17/04, 3:05 pm


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