Legal Question in Personal Injury in New York
Discontinuance of no fault
I had my discontinued after a 2 minute IME exam I am sueing the
no fault company and they are refusing to settle If I win my PI suit
and they take the no fault case to trial can I sue them for bad faith
2 Answers from Attorneys
Re: Discontinuance of no fault
It is not clear what you are suing for? Are you suing the no-fault carrier for non payment of your medical bills? If the no-fault carrier is the PI carrier, these are two separate actions, the no-fault benefits are subject to arbitration. Do you have an attorney handling your case? If you do not have a lawyer, you should retain one. These are complex issues and the Insurance carrier will take advantage of your situation. Feel free to call my office.
Re: Discontinuance of no fault
If you are trying to compel the company to pay your benefits, your best bet is arbitration through the insurance department no fault claims program. However, bad faith doesn't apply to no fault. That deals with failure to provide liability covergae that results in an excess verdict.
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