Legal Question in Personal Injury in New York

Do not handle your case without hiring an experienced personal injury lawyer, you could lose because the law is complex and the insurance carriers are likely to take advantage of you. As an example, you have 30 days from the date of the accident to file your no-fault application or your medical bills will not be paid. Has your no-fault been filed? Do you have proof of filing?

Car accident cases are handled on contingency basis, which means you pay your lawyer only when there is a settlement. Call our office for a free no-obligation consultation. Do not do this alone or may lose your claim and/or not receive the money that you deserve for your injuries.

We can be reached at 1-877-937-3885, our website is www.WeSettle.com

While it is generally better to utilize the services of an experienced attorney in any interaction with an insurance company, it is not always better. If you have very minor injuries and are confident of a swift and complete recovery, and your doctors agree that such is likely to be your outcome, then hiring an attorney to represent you may not be in your best interest. On the other hand if your injuries are serious and are likely to have a lasting impact on your life then hiring an attorney is certainly the right move.

That said, I will now address your actual question. There is abundant case law in New York that the operator of a vehicle legally stopped in traffic and hit from behind by another vehicle is not responsible in tort for the injuries of his passengers. Of course as Ms. Gendelman has indicated you should certainly claim the benefits of the Cab's policy of no-fault insurance, but that coverage is different from holding the Taxi responsible in a personal injury action.

In order to succeed in a PI Action arising from a motor vehicle collision you must show that the driver or drivers you are suing were negligent, that their negligence was at least one of the proximate causes of your injury, and that your injury is a serious one as defined by NY Insurance Law Section 5102(d). You should take advantage of a free consultation with a personal injury attorney in your neighborhood, without signing any papers, and get the lawyer's feelings about the specific detailed facts of your case. If you like the answers and wish at that point to proceed with the suit, hire that lawyer, or another qualified attorney to represent you. If you establish the three factors noted above, you will win the case. How much you will recover depends on many factors including the severity of your injuries and the amount of insurance coverage available. This determination cannot be made upon the information you have provided and requires both time and exploration in order to accurately evaluate. Best of luck with your recovery and potential claim. Jason A. Richman

Whether you should make a personal injury, pain and suffering, claim will depend on whether your injuries can be considered "serious" per the legal definintion of the term. Surely, you should make a no-fault claim to ensure your medical bills get paid. Best, M. E. Zuller