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What are the statute of limitations for hit and run in New York?

New York, NY |

My husband was the victim of a hit and run accident in october2009. The car ran over his body, reversed and ran over him again before speeding away. Luckily there was a witness who got the license number. A police report was immediately filed. He hired a free attorney and they were able to locate the driver, and their insurance company. They signed him up for physical therapy while the case was ongoing, as he has 2 disks in his spine injured, as well as one knee. They assured this would be covered in the settlement. At some months, they dropped the case due to the driver's insurance carrier suggesting his injuries were pre-existing (they weren't) and he was left with over$15,000 in medical bills. The driver was never prosecuted. What rights do we have now?

Attorney Answers 6

Posted

Sorry, but the facts and the outcome do not make sense. An attorney will not drop a case without a very good reason; particularly with what you say occurred here. Something doesn't add up. Your husband should have the file reviewed by another attorney asap. There are a many issues presented. 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 www.nyelderinjurylaw.com

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Posted

You must sit down with a competent plaintiff's personal injury attorney in New York immediately. Your husband's rightsw are in jeopardy. Generally, in New York, there is a three-year statute of limitations for auto-related lawsuits, but the specifics of your husband's case may change that. You must contact an attorney TODAY!! I am not licensed in New York and cannot advise you on how to proceed otherwise.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

Assuming we are talking about the limitations period for a negligence claim against the offending driver, it's three years. By free attorney, I also assume you mean an attorney that's taken the case on a contingency fee basis. Since your time to file an action may very well expire in the next couple of months, it is recommended that you seek the services of new counsel immediately. Be prepared to go to the meeting with medical reports and a copy of the police report as well as any correspondence you've received from the offending vehicles insurance company. Lastly, I assume the 15,000 in medical bills reopresents amounts no covered by no-fault. If the bills were not paid because your husband failed to cooperate with the no-fault carrier or the 15k represents an amount in excess of the available coverage, then he may indeed be responsible for them. If that is not the case then it would be the providers responsibility to exhaust available remedies to get paid and can't look to your husband for reimbursement.

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

The SOL for negligence is 3 yrs. but you should not wait. You should contact an attorney to discuss your questions as additional information would be helpful. Why did the attorney drop your case?

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply.

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Hayley Greenberg
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
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(Additional offices: Brooklyn, Queens, Long Island)
www.GreenbergMerola.com

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Posted

You have three years from the date of the accident within which to bring suit against the driver and owner of the car that struck your husband. If there is an action pending - you say a "case was ongoing" - your rights are protected. If suit has not yet been brought you must proceed as soon as possible with litigation against the other parties as well as make the required filings with all insurers that may be involved. Pre-existing injuries are always made worse by trauma and that in itself constitutes compensable damages in a claim. I also suspect your husband suffered new injuries given your description of the accident. I would be happy to give you my best advice on how to proceed. Please do not let the insurance company get away without paying just because the clock ran on the claim. Brian Lee, Esq. 518.587.1380 brianleelaw.com

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Posted

You must file a lawsuit within three years from the date og the accident. Hire an attorney right away. Do not delay.

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