I was the victim of a hit and run accident in NYC. went to all the doctors to get therapy then got a lawyer who did absolutely nothing after I signed a retainer agreement with him. Didn't answer my calls or doctors calls....but now 2yrs later I have to get back behind the wheel to start earning. I paid all the necessary fee's $695 dollars worth to Taxi Limousine Commission took all the classes $220 More Fees go and take the drug test and it comes back tainted...
I don't do drugs so I look up the prescribed drugs my doctor prescribed me and sure enough one of the side effects is a false positive for marijuana. I go back to my doctor she agrees that the drug can false positive, she types the letter in front of me. She has me come back for 3 more visits to obtain a letter clarifying the false positive but never gave it to me...I said to her why do I need to keep coming just for a letter...Her exact words were "just get another job".
This has caused me undo hardship. I believe I have a no fault case from the hit and run that is redeemable and I believe this doctor is liable for my dire financial situation due to her negligence.. Thoughts???
Moving this to Personal Injury. You need to speak with an attorney quickly about a potential statute of limitations issue.
File a complaint with the State Medical Board, you can probably do it online, or at least get the forms off a website. Describe what you went through, and report that all you want is a valid letter as is her responsibility (she has a right to charge you a fee for this service).
You state that you believe you have a no-fault case, and of course you do, but when you have both worker's comp and no-fault arising out of a motor vehicle accident, all you will get is the 13.34% differential between the 66.66% that comp pays for your loss of income and the 80% no-fault rate.
You might also have a Uninsured Motorist claim. Hopefully your erstwhile attorney put the insurance company on notice. Find yourself a new lawyer and have the file transferred. Good luck
If you owned a car or lived with someone who owned a car at the time of the accident - you can put in a claim with your own insurance carrier for Uninsured Motorist (UM) benefits.
If you were driving a cab/Uber at the time of the accident (which sounds like you were) I'm assuming you are insured by a stubborn insurance carrier like American Transit. They are known to be difficult and for not settling claims - even UM claims. However, your lawyer should be keeping you informed of what's going on. The claim is not impossible to settle or pursue, but these insurance carriers can drag out the case.
Nonetheless, hopefully your lawyer already put in all the necessary claims on your behalf - including claims for no-fault benefits (if you were not "on the job" at the time of the accident) for medical and loss of wages or Worker's Compensation.
Keep in mind that no-fault benefits or WC benefits will only pay your medical bills and for time out of work. But, the UM claim will pay for pain and suffering (depending on your injuries).
If this doctor is not doing what you need her to do - go to another doctor and discuss the medication you were taking. Perhaps another doctor can help you. There are ways around this.
Write a letter to the doctor explaining your situation, and send it by certified mail. People often react to written requests where they ignore oral ones. It will also clearly document that you made the request.
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