Legal Question in Personal Injury in New York
I had a car accident about 2 years ago where the other vehicle lost control and spun out and landed in my lane as i was approaching at about 50 mph. Instead of hitting him head on as he was now facing me I swerved left and missed him completely and went over a side barrier and head on into a tree. My kids were very shaken and scared so i refused to be taken in an ambulance but do have a documented significant worsening of an old injury. In 2011, pre accident, i had an mri that showed 3 herniated cervical discs and after the accident i had an mri that showed significant worsening with which I was now being told required surgery. I just had a 3 level ACDF surgery. My question is simple, given that I did not hit him do I still have a case? My insurance co said there was no recourse against him cause I did not hit him. Any answers would be greatly appreciated.
4 Answers from Attorneys
Please give me a call at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
I'd be interested in seeing what the police investigation and/or report says. Were there other witnesses? Please call me to discuss further: (516) 622-0428. I look forward to speaking with you.
I believe you have a claim against the other driver but not against your own policy.
If you know the identity of the other driver; any possible witnesses inclusive of your children depending on your children's ages and police report you may proceed against the other driver. Your personal background will also weigh heavily on your credibility.
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