I got rear ended over a year ago. 3 moths after my doc took me out of work due to extreme vertigo, migraines, whiplash, cervical

Asked 6 months ago - Buffalo, NY

I see migraine specialists, chiro and cervical work, vertigo specialist and take over 22 pills a day !10 years ago I got a lifetime comp for cervical injuries while working at a prison. the accident exacerbated the original injury putting me right out of work. The guy that hit me only has $25k coverage and my under insured is the same. In this accident there were several vehicles involved. One happened to be a Tractor trailer. But when I ordered the police report, there is no mention of the tractor trailer, which actually caused the accident. I have already lost the $25k just in payroll and I may be put on disability as well. (which is fine if I can get enough of a settlement to invest it wisely) Before everyone says call a lawyer, I have 3. Stress is just killing me. outcomes?????

Additional information

I had an attorney 3 days later when I could get around. I need to find this Tractor Trailer guy. Cameras had snow on them. Just a tad more background. The roads became bad at an interchange where most people know ice up faster. There was an existing accident in place and this tractor trailer guy honestly could have killed them. He did a great job of getting safe. I saw it happening about 100 yards ahead so I planned. I ended up right next to him as I slid around the skyway. Then more cars behind us began to get into accidents. I think 7 or more were involved. Thanks!!

Attorney answers (8)

  1. George Peter Conway

    Contributor Level 17

    13

    Lawyers agree

    Answered . The only persons who could possibly have sufficient information to provide you with the answers you seek is your current lawyers.

    The information provided is not intended to be legal advice, but merely conveys general information related to... more
  2. Michael Byk

    Contributor Level 14

    10

    Lawyers agree

    1

    Answered . What exactly is your question ? From what you described, you have a tort-qualifying case (a case that will probably satisfy the definition of "serious injury" under NY Insurance Law 5102(d). However, since the tortfeasor has a 25K state-min policy (was it offered ?) and your SUM limits are the same, it appears that your potential recovery is limited to the policy limit. However, you said that there is tractor trailer that is at fault but was not listed on the police report. You must file form MV104 to supplement the accident report and I would definitely bring the tractor into the case. Good luck.

  3. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    Answered . Hear your pain and frustration. You've received excellent advise.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Ryan M. Finn

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . Your lawyers should investigate but ultimately if the police accident report does not contain info about the company involved you may have a tough time sorting this out. Best of luck.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  5. Michael J Palumbo

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . You ask how you are going to live. I can tell you how but I need a little more information, such as what is your municipal pension, what is your lifetime comp, what is your SSDI, etc.

  6. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . Your attorneys know your case better than anyone. You should schedule a face to face meeting with your attorneys to flush out any details of your case.

  7. Michael R Crosner

    Contributor Level 20

    7

    Lawyers agree

    Answered . You have 3 attorneys - schedule a face to face meeting with them to discuss your questions & concerns. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  8. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . No one on avvo.com is going to be able to give you an realistic picture of the outcome because the attorneys on here do not have all the documents and information available to them. It sounds promising with a rear end accident and if you can hold in the tractor trailer and there is sufficient insurance coverage. However, you need to ask the attorney who represents you in the personal injury action what the likely outcome is and even he or she may not be able to give you a precise answer at this point in time. Good luck with it though.

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