Get free answers to your Car Accidents legal questions from lawyers in your area.
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
answered on May 15, 2024
Hi - I’m terribly sorry about your incident. Depending on your injury, you may be entitled to recover your lost wages. You may also be entitled to additional compensation. There are many factors that would need to be considered. I would highly recommend that you speak with an attorney in order to... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
He found out he was the primary leaser when the cops came to the house and handed him a hand full of tickets when he went to file his taxes thay had put he made 68,000.00 a year so that put him on a different tax bracket now he owes 4,000 to federal and almost 4,000.00 in ticket
answered on Apr 17, 2024
It isn't fully clear what is taking place here, but if your boyfriend received citations or charges involving a hit and run with a vehicle operated by someone else, he should consider consulting with an attorney on the tickets you mention, noting the due dates for answers/appearances outlined... View More
DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More
I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?
answered on Feb 7, 2024
I hope you're okay. If there were no injuries, which your post suggests, your options could possibly include small claims or civil court - carefully review any denials from the insurance carrier. They may in their fine print include additional information about your recourses and the suitable... View More
1: I will be paid $1,200 immediately if I leave the town immediately and promise never to return or
2: I will be paid $1,000 per month for 12 months if I agree to live in the streets for 12 month.
Was this legal and why should I, a debt-free non-criminal college educated... View More
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answered on Jan 13, 2024
The conditional settlement offered to you in 1997, where you were given two options, raises several legal and ethical concerns. Firstly, it's important to understand that such settlement terms, which essentially require you to leave town or become homeless, are highly irregular and likely not... View More
A Settlement was offered based on condition:
Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return.
Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets.
Was this legal?
answered on Dec 19, 2023
I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More
answered on Dec 1, 2023
What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.
Certain costs may be... View More
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answered on Sep 14, 2023
In New York State, personal injury settlements are generally shielded from garnishment by creditors through a combination of federal and state laws. While there isn't a single specific legal act that offers this protection, it's derived from various legal provisions. Federal exemptions... View More
answered on Sep 12, 2023
It sounds like you're being overcharged. Ask for an explanation of why the bill is so high. You can also file a complaint with 311 about the towing company and that it is overcharging customers. There are laws in NYC that require towing companies to be licensed and which limit what they can... View More
I got into an accident in Brooklyn, NY about a year ago. I was merging lanes for an exit and the guy behind me was texting. Even though it was all very slow motion, his SUV pushed into the rear left side of my car (behind the passenger seat area, near the gas tank) causing quite a bit of damage. At... View More
answered on Aug 25, 2023
Under New York Vehicle and Traffic Law § 1129, the driver of a motor vehicle is not supposed to follow another vehicle more closely than is reasonable and prudent under the circumstances. Generally speaking, the vehicle which strikes another vehicle from behind is at fault. On the other hand, a... View More
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