Legal Question in Personal Injury in New York
Car Accident - Hit by Trooper
State trooper was driving with NO headlights, NO flashing lights and NO sirens at 9:30 pm in the dark at a high rate of speed, ran through stop sign and collided with my car. Both cars totalled. He was injured requiring surgery. My daughter and I were wearing our seatbelts and treated and released for minor injuries. I am being told that because I do not have a ''serious'' injury that even though the State Police officer was completely negligent that I do not have a case other than to get the market value of my car. Is this the truth?
5 Answers from Attorneys
No Fault
You are talking about New York's so called no fault "threshold" which requires that in order to bring a successful personal injury action arising from a motor vehicle accident, one must have a serious injury.
Serious is defined in the statute, but essentially it means that you must have a fracture
or if you have a soft tissue injury, that it kept you from substantially all of your normal activities (work) for 90 of the first 180 days following the accident.
This is the trade off for "no fault" first party insurance benefits.
Re: Car Accident - Hit by Trooper
The Insurance Law dictates if you have a "serious injury" within the meaning of that law. From what little I hear, you may have a case, but the recovery is limited by the hurdle that this law may present to you.
Why not be happy that you are not really injured seriously, in the regular meaning of the word.
Good Luck
RRG
Re: Car Accident - Hit by Trooper
Maybe, maybe not. NY has a very specific definition of "serious injury." I would be happy to discuss the specific circumstances of your situation with you if you like.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: Car Accident - Hit by Trooper
Many states have a No Fault Auto Law which requires a "serious injury" in order to seek pain and suffering compensation. I hope you advised your insurance carrier of the accident since the ST will no doubt make a claim.
Re: Car Accident - Hit by Trooper
Talk with a lawyer. You are getting bad advice at home and the lawyers at LawGuru are much more accurate in their advice.
This will not amount to big money because your injuries are limited. But your treatment, lost wages, rehabilitation, and other injuries can be compensated.
Also, you must protect yourself against the trooper. His job is at risk unless he can suggest that you caused the accident. This is important.
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