Legal Question in Personal Injury in New York
i live in new york. this is what happened. i was driving on a curvy road the speed limit was 30 and i was going 35mph. all of a sudden i see a truck in my lane so i swerved to avoid it i lost control of the car and smashed into a pole. my car was totalled. my friend in the passenger seat was severly injured ...he is suing me .(He doesnt have health insurance so he needs the money to pay all his bills) however since it was not my fault does he have a case? If he doesnt have a case will he be countersued for insurance fraud?
2 Answers from Attorneys
The NYS no-fault law requires the insurance company of the car the passenger was in to pay all of his medical expenses up to a total of $50,000 regardless of whose fault the accident was. Therefore, there is no insurance fraud here. Your friend has the right to file a lawsuit against you for his injuries. Your friend (and you) can also sue the truck that was driving in your lane if you were able to obtain the identification of the truck owner/operator. Good luck. Sherri L. Plotkin, Esq., Barton Barton & Plotkin LLP; 212-687-6262
Presumably, this accident was reported to police. If so, you have the information necessary to pursue a claim against the truck owner/driver. How you will prove the truck driver entered your lane is another matter. I expect your passenger's testimony will be important here. Make sure you report the accident to your insurance broker or carrier immediately, if you haven't already. Your passenger will bring claims against you and the truck, to be sure. Best, M. E. Zuller
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