Buffalo, NY asked in Personal Injury for New York

Q: I had an accident. I was not under the policy of the car, my boyfriend was but he gave me permission to drive it...

I hit someone who ran a stop sign and I was rushed to the hospital while the car was towed. Can I file against the other driver?

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3 Lawyer Answers

A: Talk to a local injury lawyer about making a claim against the other driver.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.

Anthony A. Ferrante
Anthony A. Ferrante
  • Brooklyn, NY
  • Licensed in New York

A: Yes, you can certainly file a claim against the other driver. The question of whether that claim will result in a successful recovery depends on a few things.

It sounds as though the other driver will be determined mostly at fault given the fact that she had a stop sign. This does not necessarily mean that you will automatically be able to recover money for an injury claim. In NY you must prove that your injuries are "serious" in order to obtain a recovery. As we don't know anything about your injuries we can't comment on that part of the claim. But if it was a big accident and you are feeling pain you should seek out some medical attention as soon as possible.

You are also entitled to no-fault benefits, which will pay for your medical bills and time out of work up to a certain point in time.

I suggest you contact a local personal injury attorney to discuss this further. Consultations are free. Good luck!

A: Yes, you can pursue a personal injury action against the other driver, if that driver was at fault for running the stop sign. It is likely (but this should be confirmed by checking the policy) that your boyfriend's insurance policy allows permissive use drivers to be covered, in which case you would have been properly insured. You need to speak with a personal injury attorney to discuss representation.

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