Legal Question in Personal Injury in New York
passenger in taxi accident -statue of limitations/medical bills
I was one of two passengers in a taxi accident 3 years ago. The insurance co. paid some of my bills and then denied the accident, so I found a lawyer to sue them. Then after 3 years the lawyer decided not to go through with the case, and says the statute of 3 years has run out. I just received a bill for the MRI. Can I go to small claims court for this or is the 3-year limit for the bills too?
1 Answer from Attorneys
Re: passenger in taxi accident -statue of limitations/medical bills
It sounds like the medical bills were being paid under No-Faukt insurance. If no fault did not pay (and they should have) that is a breach of contract which has a 6-year statute of limitations. More importantly, if you lawyer did not file your lawsuit in the 3-year statute of limitations that applies to negligence cases he may be exposed to a malpractice action. This depends on what your injuries were. If you wish to discuss your options, please feel free to call me at 212-622-7180. I recommend that you speak to a lawyer before doing anything.