Legal Question in Personal Injury in New York

5 years ago, our then 17 y/o son was involved in a minor fender-bender while driving my car. The other driver who hit him is suing our insurance company, claiming permanent back injuries. Our insurance company's lawyer told us two years ago that the case would likely be settled without going to trial.
last week, we recieved notice that the other driver's lawyers had reject our insurance company's offer and that a court date has been scheduled for this Feb. great.
A couple of days ago, a person claiming to be a rep. of our insurance company called. She wanted to know things like the value of our home and any assets(a modest inheritance from an aunt).
My wife is beside herself, thinking that the court will be able to force us to turn over what little we have to this other driver. We are both near 60, not in the greatest of health, and both working two p/t jobs to make ends meet. Do we have ANY options to protect what little we've managed to save over the years? Thanks and Merry Christmas.

Asked on 12/20/10, 7:16 am

2 Answers from Attorneys

0 users found helpful

0 attorneys agreed

This may well be a "serious injury threshhold" situation. If the collision was really just a fender-bender, your carrier may not believe the claimed injuries could be serious, within the definition of the law. If a jury doesn't believe there were serious injuries, the plaintiff's case will be dismissed. Your carrier may feel the case is defensible, and be offering only a nuisance amount to settle, which the plaintiff has rejected. Thus, the trial.

You don't mention your policy's coverage limits, an important factor in determining whether you might be personally liable. If you coverage is low, consider hiring a personal attorney to put pressure on your carrier to settle within the policy limits. Best, M. E. Zuller

Answered on 12/25/10, 9:32 am

Mark as helpful