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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 as a kid but never received the settlement. How can I find record of the terms in NYS ?

I’m 46 now but was told when I was 10 yrs old this happened. I know the city and county but no record of anything in my name .

Tim Akpinar
Tim Akpinar answered on Apr 7, 2021

This might be difficult with the passage of so much time. It could be easy if you could locate the attorney who represented you. But you might not be posting this if you had that information. If you can't do that, it could involve more work. Given the timeline you present, it looks like the... Read more »

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1 Answer | Asked in Car Accidents for New York on
Q: I am going to have a positive drug and alcohol test after a accident
Tim Akpinar
Tim Akpinar answered on Mar 16, 2021

I'm sorry about your accident. I hope all involved are okay. You may want to reach out to a criminal defense attorney to discuss confidentially in greater detail. You could use the tab above (Find-a-Lawyer) or conduct searches on your own, or check with the Public Defender's Office (based... Read more »

3 Answers | Asked in Car Accidents for New York on
Q: I was a pedestrian hit by pickup truck in a shopping center parking lot I was walking in crosswalk when I was struck

Evidence is on video. I reside in The state of New York. What $ is my case worth before I proceed

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Jan 29, 2021

Hi there – first, I’m terribly sorry about your matter. It sounds awful. It is difficult for any attorney to assess what the case is worth without knowing more information, such as the extent of your injuries. There are certain thresholds that need to be met in New York in order to bring a... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: What is the liability of car #2 who is hit into car #1 by vehicle #3 while #1 and #2 are at a complete stop? Car #2?

Car #2 was totaled #3insurance paid all. Car 1 now suing 2 and #3. Unsafe stopped distance between 1 & 2??

Tim Akpinar
Tim Akpinar answered on Dec 14, 2020

Car no. 2 should not be liable. However, in these multi-vehicle accidents, vehicles that are not at fault are sometimes dragged into the claim. Good luck

Tim Akpinar

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4 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: I got a ticket by riding electric scooter and got hit by a car. Will you be able to help me?

I have a video car hit me. Police said I hit the car

Victor M. Feraru
Victor M. Feraru answered on Nov 10, 2020

Depending on the facts it sounds like you could have a very strong case. You'll want to consult with an attorney as soon as possible to go over the facts.

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2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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1 Answer | Asked in Car Accidents for New York on
Q: Is legal for your car to be towed without a flatbed in NYC?
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 10, 2020

Arguably they need to exercise reasonable care when towing your vehicle. That said, it's going to be a tough sell that the towing company was negligent in damaging your vehicle (which was illegally parked) because it did not use a flatbed truck as opposed to a standard tow truck.

2 Answers | Asked in Car Accidents for New York on
Q: Hit my personal car while driving Penske truck with insurance on it

Looking for advise if i have a case in small claim court NY

Rented Penske track with insurance on it. While making wide turn hit my personal car which was on public road parked with no one inside. Damaged 2 doors and repair is very expensive

Contacted Penske by they refused to... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

Slim chances. What about the insurance on your personal car?

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2 Answers | Asked in Car Accidents for New York on
Q: someone is suing for a car accident that happened 3 years ago and the insurance company had then went into liquidation
Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

You could try reaching out to the New York Liquidation Bureau. On their website, contact information is listed as 180 Maiden Lane, New York, NY 10038-4925, telephone 212-341-6400. You could also see if the New York State Department of Financial Services (formerly the NYS Insurance... Read more »

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1 Answer | Asked in Car Accidents for New York on
Q: Hello my car is registered to my ex we broke up but I kept the car and make all the payments can I transfer thecar to me
Tim Akpinar
Tim Akpinar answered on Jul 31, 2020

Instead of relying on a quick, general answer here, you may want to have someone knowledgeable in vehicle transfers look the documentation over. You're talking about payments, which could possibly mean lienholders/security interests on the vehicle, among other possible issues. Good luck... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: How long does it take to get the money from an accident ? If you have loans do the loans take the money?

My accident was in 2018 my lawyer told me it was settled and it was closed but he doesn’t give me clear answers. He said that if I had taken out loans that they might take it or Medicaid. But it’s been months. It is now 2020 and I still was not given the check. I give them time. And I wait.... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 23, 2020

If there are Medicare liens, those could take time to ascertain through NYC HRA. Some of the public agency-related liens could be handled by third-party contractors. The COVID situation has also resulted in delays. If your attorney is trying to negotiate the liens, that could take time too. But... Read more »

1 Answer | Asked in Car Accidents and Small Claims for New York on
Q: Which party do I sue in New York City small claims court ?

My vehicle was involved in a hit and run while parked legally. I was able to track down the vehicle that damaged my vehicle on video camera and I have a witness that seen the vehicle as well and it is stated in the police report. I filed a insurance claim with the vehicle registered owner and it... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 20, 2020

Car insurance is on the car, not the driver in New York. The insurance company may be saying that the car wasn't insured under them on the date of the accident. Make sure there wasn't another insurance company that covered the car at the time. You should sue the vehicle owner, the named... Read more »

4 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Juvenile Law for New York on
Q: Can I be sued for negligence on behalf of my child?

My 10 year old son waa riding his bike on the sidewalk and accidentally bumped into a woman. The woman fell and scraped her elbow. My son got scared and left his bike and ran home. A few minutes later, I arrived at the scene and the woman's husband immediately began threatening to sue me. The... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 13, 2020

In theory you can be sued. Anyone can sue anyone. If you are, send it to your insurance company. If you have no insurance, you will likely not be sued.

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2 Answers | Asked in Traffic Tickets and Car Accidents for New York on
Q: is it legal to cross over 2 sets of double yellow lines spaced 2 feet apart when making a left turn?

Driver pulled out in front of me over 2 sets of double yellow lines without looking. He attempted to make a left turn resulting in me tboning him. The insurance company only accepted 50% liability.

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

As a general rule, it is not permissible under ordinary circumstances. An attorney might be able to assess liability more meaningfully after reviewing police report, any witness statements, insured's version of events told to the carrier, and carrier's basis in making their determination.... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: I was involved in an accident where the other driver was clearly at fault. My car is totaled.

My truck is only worth 5500.00. It has plow a plow frame that is permanently installed and without it I can not use the plow. The insurance company will pay for the plow frame but to have a new one installed on a new truck is an expense they say that are not responsible for. Isn't the at... Read more »

Michael Bersani
Michael Bersani answered on Jun 2, 2020

The case is too small to get a lawyer involved. Sue the driver/owner of the at-fault vehicle in SMALL CLAIMS court. It's just about free and you don't need a lawyer. The insurance carrier will be required to "defendant and indemnify" its insured in Small Claims. Show your... Read more »

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1 Answer | Asked in Car Accidents for New York on
Q: Looking for a second opinion on Sedgwick/Budget claim

I received a letter from Budget Sedgwick on March 31, 2020 about a claim for damages to a rental car in November 2019. I provided my insurance info to Budget at the time that I returned the car. In my understanding, Budget should have started this claim at that time directly with my insurance,... Read more »

George E. Patsis
George E. Patsis answered on Apr 29, 2020

It is important to timely report any claim to your own insurance carrier to avoid a denial of coverage. Your carrier should assign a representative that will handle the claim and work with the rental company.

1 Answer | Asked in Banking, Car Accidents, Contracts and Small Claims for New York on
Q: I traded my car in, they still haven't paid it off, and it will default on a few weeks. What can I do from here?

Long story short, I traded my car in back in December and it still hasn't been paid off over three months later. In response to one of the answers received: the plates were taken off and registration WAS cancelled. In January, I received a letter stating that the car was involved in an... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

When you traded in, you should have taken the plates and canceled your registration. Sounds like you left the plates on, which is your fault, and the part of the scam here.

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My son was in an accident on Feb 6, 2020 on Route 17 west bound. My question is the weather was very bad rain and sleet

All the local agencies and state agencies knew of impending weather, but there were no salt trucks out. On this one section of highway there 8 vehicles that had slid of or had some kind of accident. How do I put a claim in against NYS for the highway not being properly maintained.

Michael Bersani
Michael Bersani answered on Feb 10, 2020

That's a State road, so you would have to file a "notice of intention to file a claim" or else a "claim" against the State of New York within 90 days of the accident. If you are late filing, it is a problem, but the problem can probably be overcome if too much time does... Read more »

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1 Answer | Asked in Car Accidents and Employment Law for New York on
Q: Who is liable when something breaks at work? In this case, the mirror on a customer car.

I work at a collision center. I was required to back a truck out of the narrow garage door. Upon doing so the edge of the mirror clipped the door and broke. My boss wants me to pay all of the damages (over $900) and wants the money today. Am I legally responsible for breaking something at work or... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 12, 2019

Your boss can not legally deduct the amount from your wages. Here's why:

If you are a valued employee he will change his mind about making you pay him back. But you may have to promise him that you will never, ever do that again since you...
Read more »

2 Answers | Asked in Car Accidents for New York on
Q: i have a auto accident case in onondoga county. I need trial attorney . pls provide name and contact pls
Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2019

Find an attorney in the county who is a member of the NY State Trial Lawyers Assn--they give free consults, and focus their practices on injury cases.

Good luck!

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