Attoinese, Frank (Estate) v. Maier, Geroge and Margaret Maier
On March 15, 2012 a settlement of $250,000 was obtained for a 73-year-old retired man who, on November 23, 2010, was involved in an horrific automobile accident in Nassau County, Long Island that ultimately caused his untimely death on December 19, 2010. The family had originally obtained an attorney who failed to meaningfully pursue the matter for over nine (9) months, at which time the attorney was substituted. The Defendant driver attempted to claim she had a green light in her favor, but Elliot Taub, Esq., contacted several witnesses to the incident, including by way of home visits and attendance at a Department of Motor Vehicle hearing, thereby resulting in the Defendant’s violation of the Vehicle & Traffic Law and a suspension of the Defendant’s driver’s license. Through the course of the DMV hearing, it was determined that the Defendant driver had disregarded a red light and thereby caused the accident.
The settlement amount of $250,000 represented the full insurance policy limits available, with no excess coverage or underinsurance applicable. The Plaintiff had extended personal injury protection (PIP) coverage, which paid the decedent’s $160,000 hospital and medical bills. The no-fault insurance carrier commenced a subrogation action and sought recovery of these bills under the same $250,000 liability coverage available to the Estate under their personal injury / wrongful death claim. Elliot Taub, Esq. was able to establish that the wrongful death lawsuit was worth an amount substantially in excess of the subrogation action, resulting in the insurance company tendering the full $250,000 coverage on the personal injury / wrongful death action, and compelling the individually named Defendants to negotiate directly with the subrogation claimants to settle that separate claim from their own personal assets.