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Can I still file a claim against the insurance company of the man who hit my daughter 5 years ago?

Nyack, NY |

She has been complaining the last couple of years and I have been giving her back , neck and arm and leg massages as well as her forehead . More so lately. I am trying to get some insurance for her so I can take her to the doctors. It happened when she was around 10 -11 yrs and now she is going on 16. It's getting more now. I didn't have insurance then and couldn't pay for the visits, not realizing or believing she could have gone and his insurance would have payed for it. Is there anything we can do?

Attorney Answers 10

Posted

Yes you can. Putting aside that a claim would still be timely, you need to be able to prove that your daughter's injuries satisfy certain insurance regulations in order to successfully prosecute the claim. You should make an appointment with a personal injury attorney in your area as soon as possible so this can be explained in detail.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Posted

Granted, the delay is going to make things more difficult, but it is not too late to retain an attorney to represent your daughter. The insurance company for the car that hit your daughter should have been paying her medical bills. My legal assistant lives in Nyack. Craig Post, Esq. and Michael Greenspan, Esq., contributors on Avvo, are likewise excellent attorneys. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Posted

In NY, the statute of limitations (time period) for bringing a personal injury lawsuit due to negligence is three years, which starts to run as of the date of accident. But when dealing with minors, that time period does not start to run until [your daughter] reaches her 18th birthday. So, procedurally, you can still bring a claim. However, the fact that there is no medical treatment for 5 years to document the nature and extent of injuries will make bringing the claim much more difficult, to say the least. Consider giving Mr. Post, who also responded to your inquiry a call for a consultation. He is extremely knowledgable and able in such matters and will assist you if in any way possible.

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Posted

Yes. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

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Posted

You can still file a claim on behalf of your daughter. The law affords children a qualified exemption from the 3 year statute of limitations to commence an action in negligence in NY. However, your challenge will be to establish that her injuries were caused by the accident. If she was medically attended to immediately(or soon thereafter) of the accident you will be in a better position to relate her current problems to the accident-provided that her treating physicians make the connection.

The responses provided to your questions are not legal advice, do not create any attorney client relationship, and are provided for informational purposes only.

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Posted

Your daughter has a claim. You should consult with an experienced personal injury lawyer to see what can be done for your daughter.

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Posted

no

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Posted

If this was a car accident , then yes. But do not waste any more time. Consult with an experienced NY personal injury attorney immediately.

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Posted

All of your daughter's medical bills should have been paid through no-fault. The delay makes things more difficult to prove the causal connection but not impossible and the statute of limitations has certainly not run in light of your daughter' age.

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Posted

Theoretically, since she is still a minor, the statute of limitations has not yet expired. As a practical matter, though, you have some problems with the case: I assume that when you say "hit" you mean hit by a car, by accident. You could have filed for no-fault benefits then, but that avenue is long gone. You also have to prove that she sustained a "serious injury" as that term is defined by law. Volumes have been written about what constitutes a "serious injury", but in your situation, you'd have to show that she was totally disabled for 90 days during the six months after the accident, or that she has some permanent partial disability. There's a lot more detail, but "complaining the last couple of years" and at-home massages are unlikely to be able to sustain a case; courts are looking for MRIs, nerve conduction studies, that sort of evidence and even then, these cases can be difficult

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