Legal Question in Personal Injury in New York
I'm being sued for 5 million dollars
I was involved in an auto accident two years ago and have just received a summons to appear in court. The accident was caused by a ups truck blocking my view of a stop sign and on coming traffic on my right side. i had to proceed past the truck to see and was struck from my left by another car. There was only a man and his wife in the car, but the court papers refer to an infant not his wife as being injured. He is suing me and my husband for 5 million dollars. Could this case be held up in court? Also there are typos on the summons. Is this relevent to the case? My insurance company has compensated them, but the summons claims that ''the plaintif is seeking to recover those damages not recoverable through no-fault insurance''. Can he do this? Please give me some advice, we are on the verge of losing everything we have worked so hard for!!!
3 Answers from Attorneys
Re: I'm being sued for 5 million dollars
No fault covers all medical bills related to the accident up to $50,000 in New York State. A person can sue for "serious" injuries and economic damages not covered by no-fault in addition to no fault payments. Let your insurance carrier know immediately about the lawsuit. Most likely they will pick up your defense as part of your coverage.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: I'm being sued for 5 million dollars
Unfortunately, these people do have the legal right to sue for 'special' damages in excess of $50,000.
However, it is no no means certain that they will win. The police report may indicate there was no infant. If it does not mention an infant, that is enough for you to win on that point. Further, your attorneys my require indemnification from UPS.
All is not lost. You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.
Re: I'm being sued for 5 million dollars
Okay---let' start here--immediately turn this over to your insurance company/broker for the time in question, i.e., the date of the accident. They should appear for you and indemnify you up to the limits of your policy. You will receive an "excess letter" letting you know that you should/may retain a private attorney to monitor this case for the amount that you are sued above your limits (for which you may be personally liable).
I do a tremendous amount of insurance defense work. You should be relatively well protected if you immediately turn the summons and complaint over to your insurance company/broker. You still may wish to have an attorney monitor the matter for you (that means looking at the papers to make sure the lawyers employed by the insurnace company don;t screw up).
Any questions,feel free to contact me.
Good Luck
RRG
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