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New York Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident was hit by a city vehicle. I was told that the city don’t pay for my loss wages is that true?
Jonathan Bradford Ripps
Jonathan Bradford Ripps
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

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

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.

Joel Gary Selik
Joel Gary Selik
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.

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

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.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

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.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

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.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an...
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3 Answers | Asked in Car Accidents for New York on
Q: A woman hit me in my car back in November. Her insurance company covered the repairs but not the whole rental car bill.

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?

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Car Accidents for New York on
Q: A woman hit me in my car back in November. Her insurance company covered the repairs but not the whole rental car bill.

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?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

As my colleague correctly advised, unless the insurance company of the rental agency (or perhaps your credit card company) is willing to go to bat for you, you'll have to bring a proceeding in small claims court against the woman whose vehicle hit you. Given the amount in controversy, it is... View More

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1 Answer | Asked in Car Accidents for New York on
Q: I was hit by car some in 1997 and a conditional settlement was offered:

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

James L. Arrasmith
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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

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries

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?

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries

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?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

So sorry to hear what happened to you. There's nothing illegal about making you a low settlement offer; insurance companies do it all the time, especially when someone is representing themself. The only way an insurance company will take your case seriously is if you hire an experienced... View More

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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

Most contingency fee retainer agreements provide for an attorney fee to equal 1/3 of the settlement amount AND reimbursement for any costs incurred by the attorney in prosecuting the case, e.g. court fees, medical record fees, expert witness fees, etc. Your attorney should have provided you with a... View More

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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

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

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2023

Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your... View More

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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Criminal Law and Car Accidents for New York on
Q: Would this be murder?

If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2023

I can only speak for the civil, car accident-related attributes of the scenario. The criminal law attorneys here would have the strongest insight into how the matter would be handled by the district attorney's office. But from a general evidentiary standpoint, it seems likely that the DA will... View More

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2 Answers | Asked in Criminal Law and Car Accidents for New York on
Q: Would this be murder?

If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

James L. Arrasmith
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answered on Nov 28, 2023

This would likely not be considered murder legally, due to the fact that the drunk driver was already deceased when the assault occurred. However, the assault could still potentially carry charges such as:

1) Abuse of a corpse: It is generally illegal to physically assault or mutilate a...
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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Can you direct me to the legal act that protects personal injury settlements from garnishment by creditors in NY State?
Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

This is something that collections, bankruptcy, and asset protection attorneys probably have deeper and more sophisticated insight into than most personal injury attorneys. There are headings for "Collections" and "Bankruptcy" here if you wanted to try reposting with the added... View More

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Can you direct me to the legal act that protects personal injury settlements from garnishment by creditors in NY State?
T. Augustus Claus
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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

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1 Answer | Asked in Car Accidents for New York on
Q: The towing company charged me $5750 when my car crashed.The towing location is located 7miles from the location.
Jonathan R. Ratchik
Jonathan R. Ratchik
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

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: If a car hit me from the side from behind, who is at fault?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A cyclist ran into me and got hurt but he was speeding and I looked twice before turning who is liable ?

I looked twice before turning both ways and no vehicle was there and I turned and the cyclist came out of no where and hit my front left side and my bumper fell off and he stated he is fine but later on I saw him with a hand brace and I tried calling him and he stated “you have to talk to my... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2023

I hope everyone involved is okay. It could depend on the signage, the traffic control devices at the intersection, and your respective headings. You should place your insurance company on notice of the accident. They will be able to set up their claim and investigate the matter. Good luck

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