From: Lucy Lake Category: Pedestrian Accident Date: 27 Oct 2008 Time: 09:13:57 -0500
My brother was hit by a drunk driver who had no insurance on the car. His lawyer told him there was nothing they can do and he had to pay his medical bills out of pocket. Can we go after the person personaly or is there anything else we can do?
Re: drunk driver
From: Paul Ajlouny, Esq. Category: car accident Date: 27 Oct 2008 Time: 17:20:44 -0500
If your brother, or any member of his household, owns a car, he can seek to have his medical bills and lost wages paid under the "no fault" provisions of that automobile insurance policy.
While you can proceed against him individually, unless he has money in the bank or other assets, there is nothing to recover.
In most cases, a rear end collision is automatically the fault of the following driver. However, if it was a minor collision and you did not suffer what the law considers to be a "serious injury" New York personal injury law limits your right to recovery would be limited to your "no fault" benefits, i.e. medical bills and lost wages up to fifty thousand dollars. Please call our office at 1-800-535-5029 or email us at firstname.lastname@example.org to discuss the details of your case. Please remember that this communication is not specific legal advice and is only an overview of general aspects of New York personal injury and negligence law. It does not create an attorney client relationship and should not be relied upon without consulting a qualified New York personal injury law firm.