How can I know if I have a good case. | Valentine J. Wallace, Esq. Law Office

February 6, 2018

Question

My wife was in a uber accident. She said the uber driver sped up to beat either traffic or light when he tried to make a left turn an SUV slammed into them head on. My wife is 20 weeks pregnant (about 5months). The uber driver then got out of the car to argue with the other driver. he then screamed at my wife to get out of the uber and call for another uber car. My wife asked the driver to please call 911 twice in witch he never did. The ambulance arrived took her to the ER checked the baby and the baby is fine. my wife on the other hand has scoliosis making her back pain extra painful, neck pain, shoulder pain, arm pain, and has a concussion due to the accident. she is very traumatized because of the accident.

Answer

The baby was fine thankfully- but for your wife to have a case, the Insurance law in NY requires that she be "seriously injured", - and for aggravation of pre-existing scoliosis with concussion it's too early to tell. If she was not 'permanently' injured in this accident, she will at least have to have been physically limited in activity for a "significant" period of time as a result of the accident to have a case. More than 3 months usually. Shock and upset is not enough. You won't know what will unfold, from the outset, so - while focusing on getting her medical treatment under the care of an orthopedic surgeon - she should not delay in filing her claim for no-fault benefits. Get the police, ambulance and ER reports. You can determine after she's been seen by an orthopedic surgeon whether there will be a bodily injury claim worth pursuing as well.

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