Legal Question in Personal Injury in New York

Can I sue for breach of contractual obligation?

Is there a statute of limitations for filing a breach of contract claim against an insurance company,due to the fact that they used doctors who work for the insurance company and my injuries have gotten worse?

I was denied on 10/24/05 and may need additional surgery.

How nlong do I have to file;this is not to recoup PIP payments.

Any info would be deeply appreciated.

Respectfully submitted.


Asked on 1/09/07, 11:05 pm

1 Answer from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Can I sue for breach of contractual obligation?

The Statute of Limitations for a breach of contract is usually 6 years, however, in your case, there is no breach; your insurance company is within its right to use their own doctors for IME. If you need additional treatment, the proper procedure is to negotiate with your carrier to re-open your no-fault claim. If that does not work, another option is to file for Arbitration, and/or to negotiate a lien with your treating doctor. It appears that there are many complicated issues involved in your case, especially, if you may need surgery. I do not recommend that you handle this matter without an experienced attorney. Please feel free to call my office.

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Answered on 1/10/07, 12:03 am


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