Legal Question in Personal Injury in New York
looking for answers
on jan 1 of this year i was involved in an auto accident. my vehcile was hit on the drivers side by another vehicle. i had a stop sign the other vehicle didnt. i stopped looked then proceeded. i didnt see the oncoming car due to other vehicles parked blocking the full view. i wasnt hurt and the other dirver signed off saying she didnt want medical attn. now 8 months later she is trying to sue me for what he summons said severe and permanent injuries and is looking for a substantial monetary amt. i work in EMS and if she was severely injured she wouldnt have been able to walk around after the accident. my insurance comapny is handling the issue but i was just curious as to how she even has a case? my ambulance was struck by a underage drunk driver and it took 20 minutes to get me out and i was transported to the hosp with minor injuries but i was told i didnt have a case. how is this different? i am confused and nervous since no one has ever tried to sue me before. can anyone shed some light on this please. thank you
2 Answers from Attorneys
Re: looking for answers
Unfortunately, there is a reason why we live in a litigious society. You have done the right thing to give notice to your car insurance carrier to defend this claim. I anticipate this to be nothing more than a "No-Fault" claim (e.g., under $50,000) unless she suffered a "serious injury." Your assigned defense attorneys (by your insurance carrier) will likely defend this action by attacking her "serious injury" claim and likely settling this matter. Good luck!
Re: looking for answers
Henry's answer is spot on. You need to understand that if you search hard enough you will find a lawyer who is either unexperienced enough or dumb enough, or bored enough to take on a case in the hopes that there is some money there.
Maybe she is his cousin and he is taking one for the team.
Either way, if she has too little injury, she isn't going to be getting any money from you, as for your insurance company, they will offer a pittence and she will jump on it and it doesn't really effect your rates anymore than having the original accident did.
So don't let this bother you, and enjoy your weekend (and be careful driving)
Good Luck.