Legal Question in Personal Injury in New York
Am I doing too much?
I was involved in an accident and like another poster to this forum, was surprised to find out that the other insurance company states that there is a witness who is lying about the facts.I contacted the NYS Insurance Department with a complaint pertaining to this.I also contacted the D.A.'s office,NYC Police Commissioner's Office,ALL of the news stations in the area,State Senators Hilary Clinton and Chuck Schumer's offices and a host of other agencies,so this particular accident will be watched very closely.I realize that some insurance companies or rather their clients do put certain persns up to lie but I am not going to stand for it.I sustained injuries and when the other insurance company says that they are not liable for this accident,it really makes my blood boil.I was really moving forward with my life before this and now I feel''useless.''I have requested FOIL documentation to refute whatever witnesses lies may come to the forefront.I requested copies of all of my complaints and have no intentions on backing down.I refuse to be intimidated.The bottom line is insurance companies are in the business to make not lose money.Am I doing too much,as I feel the more information I bring to the table,the better.Am I right in doing so
3 Answers from Attorneys
Re: Am I doing too much?
The only way to teach the insurane companies a lesson is to beat them badly. I hope you have a good personal injury lawyer working on your case. If you don't, the insurance companies will do everything they can think of to take advantage of you.
Re: Am I doing too much?
Yes you are. Attorneys with experience in the area of Motor vehicle accidents can very quickly determine if a dishonest statement relied upon by an insurance company will be a problem or not. In most cases, the dishonest statement makes no difference. The police report and the testimony of the party witnesses usually take care of these lies without too much trouble. Take your case to an attorney and then work on it with him. Some of the things you have done are unnecessary and could not possibly lead to anything terribly helpful to you. The Foil request you sent out for instance. Foil applies to governmental agencies not insurance companies. You are entitled to the information anyway but not because of FOIL. Your time would probably be much better served in following up on medical issues instead because that is where an automobile case is made or broken. If you would like my help in finding a good attorney for this case in your area please let me know. I worked in NYC earlier in my career and know most of the good attorneys. No charge to you of course for any help i might render. I am not personally interested in taking your case because i am in Rochester these days but would be happy to help you find someone down there.
Re: Am I doing too much?
The real issue here is whether you were seriously injured pursuant to New York's No Fault Law definition of a "serious" injury. If you were not, then you have no right to recover from the other party's insurance for your injuries, pain and suffering. In that case, whether there is a witness who is lying is irrelevant to any personal injury claim. In my experience, insurance companies routinely lie about phantom witnesses who never actually appear at depositions. It sounds like they are just posturing to justify the minimal value they are willing to put on your claim. As others have stated, they will not take an unrepresented person very seriously. Get an attorney before you get writer's cramp!
If you want an evaluation of your injury, please feel free to contact me via email.
Best of luck!
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