Saugerties, NY asked in Car Accidents and Civil Litigation for New York

Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: It could depend on what the out-of-pocket expenses are. If they were related to medical care or lost wages, no-fault would pick that up. In terms of other property damage-related expenses, it could depend on settlement terms. If you signed a release in consideration of monies received, the terms of the release could govern the deal. Good luck

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: Generally speaking, if your vehicle was damaged due to someone else's negligence, you can recover the difference between its market value immediately before the collision and its market value immediately after it was damaged. You can also recover damages for the loss of use of your vehicle, i.e. the cost to rent a replacement vehicle for the time reasonably needed to have your vehicle was repaired. With regard to additional out-of-pocket costs you may have incurred, it really depends on whether they naturally arose out of your loss of use of your vehicle and/or need to repair it. Keep in mind that unless your out-of-pocket costs are significant, you will have a difficult time interesting an attorney in your case.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Addendum - looking at the timeline here, keep in mind that if there is association/involvement with a public entity here, it's possible there could be short of notice of claim issues (notification deadlines). Good luck

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