QUESTION

Can I sue my car insurance company for injuries to my daughter?

Asked on Feb 29th, 2012 on Personal Injury - New York
More details to this question:
Can I sue my car insurance company for injuries to my 5 year old daughter? She has stitches in 3 spots eyelid, forehead and side of face. Driver was my estranged husband. Accident was a hit and run.
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3 ANSWERS

Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Yes. You can. The accident had to have been reported to the police within 24 hours and then you can make what is called an "SUM" claim. But, you'll really need a lawyer. Don't waste any time. There are strict time limits.
Answered on Mar 02nd, 2012 at 6:59 PM

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You have a lot of issues going on and really need someone to guide you through this. Make sure you fill out a No-Fault insurance application and report this to the police immediately. There can be complications if you don't.
Answered on Mar 01st, 2012 at 10:28 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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First, file a no-fault claim with your insurance company. Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You may not be able to answer every question, such as "amount of medical expenses" if you haven't had any yet, just do the best you can and send it in immediately. That way you can get your daughter the medical treatment she needs. Secondly, your automobile liability policy carries an "Uninsured Motorist Coverage" provision for just this kind of accident. You may not have to sue them, but you definitely should put in a claim. You will need to show that your daughter suffered a "serious injury" as that term is defined by law. One of the qualifying definitions is a "permanent disfiguring scar". The insurance company may claim that the scars are not permanent or disfiguring, but in my book any facial scar to a child should qualify.
Answered on Mar 01st, 2012 at 2:18 PM

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