Legal Question in Personal Injury in New York
no fault car accident while self employed at work
On december 14 2005,I suffered 3 bulging and herniated discs in low back , 2 discs in neck and broken ribs.My Fedex stepvan was totaled..My insurance cut offed no fault benefits after IME 5 months ago.My doctor is still treating me,theraphy ,had MRI's,2 epidural before IME ,he said that I need decompretion surgery for low back.Still in pain and unabel to work,did not pass DOT phisical exam,that Fedex sent me to, due to injuries. I have work accident policy from same ins. company and they denied benefits too. Do I have to file seperate law suit regarding work accident claim or can it be coverd in against no fault claim denial since it is one insurance company? I do have attorney who is handaling claim against insurance of other vehicle but he recomend someone else to handel the no fault denial and no one is abel to tell me what should I do ragarding work accident claim. I know it is not workers comp. case because I am independent contractor.
4 Answers from Attorneys
No fault arbitration is seperate process from disability benefits case
As a plaintiff's attorney myself, I handle no fault claims for my injury clients as a complementary service. I am not able to help you in Astoria but I used to work in NYC and know excellent attorneys that might be able to help you. Please feel free to call or write. 5853195334
Re: no fault car accident while self employed at work
Your insurance claims can be handled in 1 case or separate cases and will impact the damages in your liability case.
Re: no fault car accident while self employed at work
It's a mistake for your lawyer not to handle the no-fault case because a negative result can impact your accident case. Your broken ribs qualify as a "serious injury" as a matter of law, something required in a motor vehicle accident. This allows you to present all your injuries to a jury. Assuming the other car was at faultm, it sounds like you have a big case. Hopefully there is sufficient insurance coverage to pay you. Make sure your attorney knows what he is doing.
Re: no fault car accident while self employed at work
I do agree with the other attorneys that it would be best for your personal injury attorney to be involved in your no-fault case. With respect to the work accident insurance, however, that would appear to be a different issue. In my opinion any claim against your insurance company with respect to that policy would have to be separate from a no-fault claim, as there are specific rules applicable to no-fault arbitrations. It is unclear at this point as to the basis for the denial of your work accident insurance and the strength of that case, but it clearly should be looked into.
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