Get free answers to your Car Accidents legal questions from lawyers in your area.
I co-signed my brother's car loan in New York, and he recently got into an accident. The car was parked on a lot for 10 months, accruing a $10,000 parking fee. Even after contacting the impound department, I received no communication regarding options to deal with the situation or purchase the... View More 
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
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answered on Mar 7, 2025
The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More
I injured my hip in a car accident a year ago and received two workers' compensation checks. A lawyer informed me that I am required to undergo a range of motion exam, and if I don't comply, workers' compensation in New York might reclaim the money I received. I'm confused about... View More
answered on Mar 10, 2025
Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More
I was accused by the police of striking another vehicle in a parking lot, but there's no video evidence of my vehicle hitting it. The other vehicle has damages, but my vehicle does not show any signs of impact. I haven't been officially charged, but I'm concerned about being accused... View More
I had a car accident 4 years ago and settled my claim, with the settlement funds being used for joint household expenses for my wife and me. My wife is still in the process of settling her claim, and we do not have a prenuptial agreement. We have been married for 33 years and are currently... View More
answered on Feb 26, 2025
It depends. If your wife's case is settled after your divorce is finalized, then the settlement proceeds will be considered your wife's separate property and not marital assets. Even if the case is resolved before your divorce, under New York Domestic Relations Law § 236, if the... View More
I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More
answered on Feb 25, 2025
It sounds like your affairs were totally separate three years ago, and that you had you had your own separate insurance. Under those facts, that should limit any possible theories of recovery against you. With your arrangements now, it's difficult to say. Your assigned insurance attorney is... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
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answered on Feb 23, 2025
In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and... View More
I was taken by ambulance from the scene of a car accident to the hospital, and the ambulance company waited ten months to submit a claim to my car insurance. By then, the claim had been settled and closed. Although they had all my insurance and contact information from the day of the accident, they... View More
I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. Although you could arguably obtain a verdict greater than $25,000 at trial, there is no guarantee that you'd be able to collect on a judgment. And that's assuming you win. Instead, the costs associated with going to trial will eat up whatever recovery... View More
I was recently in a car accident. I was hit by a DPW worker driving a DPW truck owned by the Town of Brunswick. This driver merged into my lane without signal, and he admitted to myself and the State trooper that he did not check his mirrors. The state trooper then told me that he is at fault for... View More
answered on Jan 22, 2025
I'm sorry about your accident, but I'm glad you didn't suffer injuries. I hope everyone involved is okay. You could keep trying to contact them. If that continues to lead nowhere, then your options include going to court and filing suit, either on your own through a civil case or... View More
I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More
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answered on Jan 6, 2025
Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you. Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be... View More
My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
answered on Dec 9, 2024
There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... View More
I hit the guardrails to avoid the usps from hitting my vehicle. Driver stopped admitted she never looked. When cops came she denied being at fault
answered on Oct 13, 2024
The USPS driver owed you a duty of care. If they failed to meet that duty, it does not matter that there was no contact between your vehicles. (There are exceptions to this, such as in a hit and run scenario).
It was a car accident in queens against DOT, I had surgery .
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answered on Oct 7, 2024
That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More
I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other... View More
answered on Sep 28, 2024
If there's absolutely no basis on which to bring a claim, it could be a waste of time. If there is any basis, even if small, it could be worth exploring, since New York is a comparative negligence jurisdiction. That means that someone might have the basis for a claim even if the other side was... View More
answered on Aug 27, 2024
I'm sorry your son was in an accident. Based on these limited facts, it's difficult to tell. Once the police report comes out, that could help you figure out who was responsible. I'm glad no one was hurt. Good luck
In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.
answered on Aug 20, 2024
In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.
Ticketed with speeding. We are dealing with Colonie, N.Y. Court . Things are on hold till my son gets his memory back. Thanks for your help. Shawn
answered on Aug 9, 2024
I hope everyone involved is okay and that your son is okay and that makes a healthy recovery. It could run anywhere from a few weeks to a few months, depending on (1) who is doing the investigation (highway safety division of police pct, country district attorney office, insurance company claim... View More
Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.
answered on Aug 20, 2024
If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More
my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602
The person driving the other car lied to LEO and stated the backseat passenger was driving.
The younger driver was speeding and hit my car after... View More
answered on May 30, 2024
Following up on attorney Selik's answer, why do you want an attorney? If it is to defend yourself against allegations that you are at fault and/or responsible, then let your automobile insurer know of the lawsuit----most likely part of what the insurance agreement provides is that if you are... View More
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