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.
The only persons who could possibly have sufficient information to provide you with the answers you seek is your current lawyers.
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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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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 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
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.
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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.
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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