M
Machogue
Guest
My husband was in a taxi cab accident 5 years ago. He has recently been determined as disabled and has just begun collecting S.S.D.I. The problem is the Insurance Company, American Transit, decided he was only 25% disabled over a two and a half years ago and has refused to pay his loss of wages. I filed a complaint with the N.Y. State Dept. of Insurance (they were hopeless) and we finally got in front of an arbitrator over a year and a half ago, who ultimately decided that the Insurance Co. should pay my husband his lost wages, plus interest and our attorney's fee. The insurance company immediately filed for a Master Arbitrator to overturn this decision based on some stupid little piece of paper they say gave them an out. Of course, he did overturn the decision and the arbitration was sent back to same arbitrator to decide on that factor. Now the Insurance Company sends in the big guns....some attorney named Michael Billy who supposedly "wrote the book" on No-Fault Law in N.Y. State. He claims he wants to help settle the case, but of course, for much less than we are owed. Now here's the real clincher......our attorney does not know N.Y.State No-Fault Law that well....his partner did fine on the Liability side but of course they took 1/3 of that. Here we are now living on borrowed money...the insurance company avoiding paying my husband's lost wages and now our attorney claims he is entitled to from 20% to 33% of whatever we finally end up with. I don't know who's worse the insurance company or the lawyers. I guess the real question is under N.Y. State No-Fault Law are there any sections where the amount we are covered for loss of wages ($4,000 a month)indicates that there is a 20% reduction of that benefit right off the top? My husband was paid at $1,000/week basis for the two weeks he was in the hospital....doesn't that establish the payment amount? Also, how can I get a copy of the N.Y. State No-Fault Law so that I can check when my attorney doesn't know the answers to questions he should have the answers to? Thank you.