Legal Question in Personal Injury in New York
fender bender turns into million dollar lawsuit
Three years ago I rear ended someone. It was the first and only accident I've ever had in 26 years of driving. The driver appeared perfectly fine running across the street to flag down someone with a cell phone. There was minimal damage to both cars. However, her husband, apparently coming back for the chiropracter because of an ''injury'' sustained at work was a bit upset. They insisted on riding to the hospital; the officer on the scene told me that ' they were going to milk this for all its worth''. Well, he was right because this past December just before the statute of limitations ran out, I received papers stating that I was being sued for 20 million dollars for their pain and suffering. So besides getting free visits to the chiropracter, they're now looking to make a bundle. It's funny because I was rear ended not too long afterward by someone traveling much faster than I was and I found I was perfectly fine; though I realize I could be doing exactly what they are doing now. So what are my rights? My insurance company has assigned someone to represent me. Should I hire my own attorney as well. I'm a single mom, I don't have many assets but the little I have I'd like to hold on to. What are my options?
2 Answers from Attorneys
Re: fender bender turns into million dollar lawsuit
I recommend you discuss this with the insurance company lawyer representing or another lawyer of your choice you after the medical records are reviewed to see what real injuries exist if any. At that point you can be in a better position to decide based on facts, not speculation. In the end, you have to decide this for yourself. Best of luck.
Re: fender bender turns into million dollar lawsuit
You obviously feel that the person you ran into is feigning an injury. You should not be so quick to jump to this conclusion. As you admit, the person you hit was already injured, as evidenced by his receiving chiropractic treatment. While your negligent driving may not have injured a healthy person, you did not hit a healthy person, you hit a person who was already injured. If you hit an 85 year old woman with osteoporosis, and she suffered multiple fractures, would you think she were faking an injury because you would not have been hurt.
As for your assertion that you �could be doing exactly what they are doing�, you are stating, in a lawyer�s bulletin board that you are considering committing insurance fraud, perjury and a number of other serious crimes. Hopefully you are just venting and not planning on proceeding down this path.
You wanted to know whether you should hire a lawyer. You have that right, but it is probably not necessary. You have insurance. Your insurance company has appointed a lawyer to represent you. Usually, these lawyers are quite competent and will represent your interests more than adequately. If you feel that you are not being properly represented by this lawyer, you may hire a personal lawyer. Even though you are being sued for 20 million dollars, it does not follow that the plaintiff will recover 20 million dollars. Hopefully you have adequate insurance to cover any recovery that may be made against you. You might want to find out the amount of coverage you have and ask what will happen if a verdict for more than that amount is rendered against you.
I wish you the best of luck in this matter. Please drive more carefully from now on.
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