NY personal injury

This New York personal injury lawsuit involves Lockport resident, Nevane Sivertsen. According to an article in the Buffalo News, then 55 year old Sivertsen was stopped in her vehicle at the corner of Evergreen and Birchwood Streets in May 2005.

A garbage truck owned by Modern Disposal Services suddenly drove through a stop sign at the same intersection and plowed into her car. She had to be mechanically extracted from her crushed vehicle and suffered severe spinal injuries which led to neck infusions and eventually a stroke that left her partially paralyzed. She now requires round the clock care and was forced to reside in a nursing home. She sued the garbage collection company and recently settled the lawsuit for $9 million.

What do to if your insurer plays hardball

Although Sivertsen was able to settle her lawsuit, insurance companies will sometimes play hardball when it comes to making payments or negotiating settlements. If that happens, here are some things you can do to fight back:

• Go to Small Claims Court. This option only makes sense if your damages are small. Every state sets a maximum dollar amount for using this venue, so if your damages exceed that amount, this may not be the best option for you. The maximum amount in New York is currently $5,000.
• Contact the Department of Insurance. Your state's Department of Insurance may be able to intervene if your insurance company is giving you the run around. It can investigate your claim to see if your insurer has wrongfully denied coverage, unreasonably delayed payment on the claim or refused to negotiate a fair settlement. For a link to Department of Insurance websites for each state, please click here.
• Seek counsel. An experienced New York personal injury attorney may be able to negotiate a settlement with your insurer or file a lawsuit on your behalf to compensate you for your injuries. However, don't wait too long to contact one as the statute of limitations for filing a personal injury lawsuit is only three years.