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New York Car Accidents Questions & Answers
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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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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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?

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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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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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

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

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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

As the vehicle making a turn, you were obligated to see what there was to be seen under the circumstances, including any appropriate cyclists, and to yield the right of way to any approaching vehicles / bicycles. That you did not see the bicycle, even after looking both ways, suggests you were not... 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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1 Answer | Asked in Car Accidents for New York on
Q: Will I lose my license if my ex boyfriend did a hit and run on another car and I never knew
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 9, 2023

No, you will not lose your license. Your boyfriend was the one operating your motor vehicle and would bear the consequences of leaving the scene. That said, if he was driving your vehicle with your permission and consent, you would be responsible for any harm he caused, e.g., property damage,... View More

1 Answer | Asked in Car Accidents and Municipal Law for New York on
Q: Can a towing hold your vehicle without your authorization? Non licensed motorist hit my car and the PO had it towed. NYS
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

If your vehicle was damaged as a result of the crash and was not drivable afterwards, then the police would certainly be authorized to tow it. It will remain impounded until such time as you pay the towing fee. Here's something I found online which you might find helpful,... View More

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 4, 2023

Sorry to hear that you're still experiencing the after-effects of the crash. Unfortunately, the statute of limitations in New York is only three (3) years from the date of the incident. Which means your time in which to file a lawsuit expired a long, long time ago (assuming your prior... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

I'm sorry about your lingering pains. Unfortunately, there's probably not very much that could be done at this point, some 17 - 18 years post-accident. If you were receiving medical treatment under your no-fault policy, which is likely the case, you would have probably had an IME... View More

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