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New York Car Accidents Questions & Answers
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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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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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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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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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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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 4, 2023

Addendum - In addition to double-checking with your former attorney to be certain about the disposition of the case, there could be other options. Even if a no-fault insurance file has long since been closed, there could be other health insurance coverages to explore. Good luck

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2 Answers | Asked in Car Accidents for New York on
Q: can a car legally drive in a bike lane in NYC
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

No, it cannot. Under section 4-12(p)(2) of the NYC DOT Traffic Rules, no person shall drive a vehicle on or across a designated bicycle lane except under certain circumstances such as entering or leaving a driveway, entering or leaving parking space, making a left turn, etc.... View More

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1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

3 Answers | Asked in Car Accidents for New York on
Q: why is a driver who kills a pedestrian still not charged with any crime. The driver was totally distracted ran off the
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2023

As my colleagues have correctly advised, whether to charge someone with a crime for vehicular manslaughter is ultimately left to the sound discretion of the District Attorney's office. Generally speaking, unless there are aggravating circumstances that contributed to the incident, such as... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hit in my vehicle on the way to where I worked in 1992.A 18 wheeler trucker went threw a red light and was injure

With the surgery and winning judgement against trucker I was to have full medical for my jaw injury. For life.Yes it was 31 years ago and I have been in need for more surgery but I dint have my lawyers name then or how to collect fir my surgery . If U dint remember lawyers name ir trucking company... View More

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

If you actually prevailed in your lawsuit and obtained a judgment against the defendant trucking company, a copy of the judgment should be on file with the clerk's office of the county in which your lawsuit was brought. Given how old the case is, it is likely in archives and would need to be... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hit in my vehicle on the way to where I worked in 1992.A 18 wheeler trucker went threw a red light and was injure

With the surgery and winning judgement against trucker I was to have full medical for my jaw injury. For life.Yes it was 31 years ago and I have been in need for more surgery but I dint have my lawyers name then or how to collect fir my surgery . If U dint remember lawyers name ir trucking company... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2023

You could check with the court where the case was handled. You could also check department of motor vehicle records for accident reports, which from your description, would have passed the threshold to file a report of motor vehicle accident. You indicate MORE surgery. If you have any leads to the... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 23, 2023

Sorry to hear what you went through. The "value" of any case is determined by a number of factors, including liability (who's at fault), damages (the nature and extent of your injuries) and oftentimes insurance coverage (both from the defendant's insurance and potentially your... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... View More

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury...
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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was involved in an accident. Not at fault. The at fault driver retained a lawyer for serious permanent injuries.

At the accident he was walking around and reported no injuries. He merged into my lane 5 feet in front of my vehicle during a snow storm going slower than me. The speed limit was 55 and I was going no more than 40. causing me to rear end him and pushed me into a parked car. Will this go anywhere? I... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 10, 2023

That the other driver was walking around immediately following the incident, although relevant, is not dispositive as to whether he sustained a permanent injury from the collision. Many injuries, especially neck and back injuries, do not manifest themselves for several days following the initial... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was involved in an accident. Not at fault. The at fault driver retained a lawyer for serious permanent injuries.

At the accident he was walking around and reported no injuries. He merged into my lane 5 feet in front of my vehicle during a snow storm going slower than me. The speed limit was 55 and I was going no more than 40. causing me to rear end him and pushed me into a parked car. Will this go anywhere? I... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2023

I'm sorry about your accident. Make copies of the papers you were served with and give the originals to your insurance carrier. They should arrange a legal defense. New York State is a comparative negligence jurisdiction, which means that each driver's relative fault can be determined as... View More

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