FRANCKEL & ASSOCIATES limits its practice to personal injury, including accidents, automobile accidents; and products liability, & medical malpractice involving serious or catastrophic injury. Our website, The Center for Injury Assistance® is at HURT911.org ® and provides links for anything you could want to know about law, including free legal research and medical treatment for injuries.
I have practiced personal injury exclusively (except for a few pro bono criminal cases) since 1989. I am a Director on the Board of Directors of the New York State Trial Lawyers Association and a member of the American Trial Lawyers Association; received the only A given for the legal writing course at UB Law School and was a member of the prestigious Moot Court Board; studied aeronautical engineering, professional flight training and aircraft accident investigation at Dowling College. I am a co-inventor of a blood pump for open heart surgery. I have been a Nassau County Aux. Police Officer since 1970 and graduated Nassau County Police Department Academy for Aux. Police Officers, Superior Officers School, Hazardous Materials, & Deadly Physical Force Training.
I do some pro bono (volunteer) criminal work and was on national television representing a client reported in the newspapers and on TV as the Amy Fischer Clone case.
Experience Member of the Board of Directors of the New York State Trial Lawyers Association; Graduated UB Law School, received highest grade in class in legal writing, member of the prestigious Moot Court Board; two years of aeronautical engineering, flight training and studied aircraft accident investigation at Dowling College; co-inventer of a blood pump for open heart surgery; Nassau County Aux. Police Officer since 1970; graduated Nassau County Police Department Academy for Aux. Police Officers, Supe
Question Thank you letting me ask this Question. I was involved in an auto Accident in Out 16,2001 My Lawyer said we had settle the case i went to his office to sign the papers, my lawyer called the ajuster about when the check was going to be sent she said after noon,my lawyer call at 10:00am. well no check came after about a week my lawer found out that the insuance company went insalvent at noon time the day i sing the papers.Well he in Califorina they have what they SIGA we tried to get what we settle for but the state says since the compay was already insalvant that my under insuance from my auto insurance was to pay ,my lawyer now says he has to ask the court about this, and how long do we have to file agaist both the state and my insurance.
Thank you for your time
Michael H. Zipser
Answer I'm sorry I did not answer your question earlier. I was away and forgot to set my allexperts account to vacation. I do not know how this works in California. In New York, the state has a fund that will pay claims for insurance companies that become insolvent.
I had the same thing happen here. I settled a case and the claim representative was to send out two checks, from two different insurance policies. The claim representative sent out one check and left for the day, intending to send the second check in the morning. The next morning, the state took over the insurance company. I received the first check, but the second check had to be settled with the state all over again. That took another year.
If California has a fund to pay claims of insolvent insurance companies, I do not think that your uninsured policy will cover it since the state will provide coverage.
My legal malpractice company and AllExperts.com require that I advise you that the above is not legal advice for you. It is only my opinion as it would apply to myself if I were in this position. For legal advice with regards to your particular situation, you should formally contact a lawyer. Only a lawyer very familiar with all of the facts of your case and the law of the state in which you live, can give you accurate information. I am licensed to practice law the State of New York and am only familiar with the law the State of New York. The law in your state is likely to be different than that of New York. With only the minimal amount of information that someone can possibly provide in an e-mail, it is not possible for me to provide you with an accurate answer particular to your facts.
I hope I have been of some help. If you have any further questions, feel free to let me know.
Thank you very much, good luck and be sure to check out my web site www.HURT911.org which has a lot of useful information for Accident & Injury research.
Philip L. Franckel, Esq.
Former Member Board of Directors,
New York State Trial Lawyers Association
telephone: 516-621-9399
email: PhilEsq@HURT911.org
website: the CENTER FOR INJURY ASSISTANCE® at www.HURT911.org
