Lawyers, Answer Questions  & Get Points Log In
New York Car Accidents Questions & Answers
2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Is someone liable for the injured person if he tried to avoid the danger as well?

Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

If this is a real-life setting, Sam could be dragged into the equation, depending on his alternatives, the reasonableness of his reaction, and the scope of coverage provided by the company's insurance. If this is a textbook setting, which is doubtful, since students never turn to Justia as a... Read more »

View More Answers

3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2023

It could depend on what the out-of-pocket expenses are. If they were related to medical care or lost wages, no-fault would pick that up. In terms of other property damage-related expenses, it could depend on settlement terms. If you signed a release in consideration of monies received, the terms of... Read more »

View More Answers

2 Answers | Asked in Car Accidents for New York on
Q: How can I get the insurance information of a vehicle in volve in an accident I got the police report but it did not have

The insurance it only have the insurance code

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

That's standard procedure. The report will not list the insurance carrier by name, but only by the code. Now you can take the three-digit code you have and look up the carrier. Here's an online resource for Department of Motor Vehicle Insurance Codes and Company Contacts...... Read more »

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: Had accident in July. Still waiting for seatbelt. Keeps getting pushed back month to month. This is acura.

I have been paying my lease payments all these months and unable to the car. Nobody from acura reaching out to make this right. I have been putting a lot of miles on my sons car that he can’t use in college because of this

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Bronx Driver:

And your insurance is paying this shop to repair your vehicle? And the only holdup is a seatbelt replacement? Did you look to buy the proper seat belt on your own?

https://www.acurapartswarehouse.com/oem-acura-seat_belt.html

If you do so, get your vehicle...
Read more »

3 Answers | Asked in Car Accidents for New York on
Q: During my driving class, a commercial truck hit me on the turn and I got injured.

Today during my first driving class, a commercial truck drove from my left trying to go around me and turned on the right hitting the car I was in. I have sprained shoulder and strained lumbosacral strain. It clearly was the fault of the driver on the truck.

What should I do? Besides the... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Nov 16, 2022

Hi - I’m terribly sorry about your accident, it sounds awful. From what you described, it sounds like you may have a viable cause of action. You should consult with an attorney to see what your options are. In New York, there is a threshold that needs to be achieved prior to filing a case. If... Read more »

View More Answers

2 Answers | Asked in Car Accidents for New York on
Q: I have a case of a car accident filed around January 29, 2020. I have no heard from my lawyer. What should I do?

spend time at the lawyers office on a deposition but that is all

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Call your lawyer over the phone and make an appointment to see him or her in person. Also, you can always check New York State's electronic filing system to see if your lawyer ever started a lawsuit on your behalf, https://iapps.courts.state.ny.us/nyscef/CaseSearch Keep in mind that the... Read more »

View More Answers

2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2022

It sounds like there's more to this story. If your brother had blacked out while coughing, he would likely have crashed his truck, not just changed lanes. That the trooper did not show up for the court appearance would not warrant dismissal of the ticket, especially if it was the first time... Read more »

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: What defense representation might be required regarding an automobile accident which resulted in personal injury?

My step-daughter was involved in an accident about a week ago. The police report implies it was her fault. No charges have been filed as far as i know. But, an individual was taken to the hospital.

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

I'm sorry about your stepdaughter's accident. I hope that she and everyone else involved in the accident is okay. Any defense representation that is required should be arranged by her insurance carrier (or the carrier for the vehicle, if she was driving someone else's car). The... Read more »

View More Answers

2 Answers | Asked in Car Accidents for New York on
Q: What does may result in prejudice mean
Tim Akpinar
Tim Akpinar
answered on Sep 15, 2022

In auto insurance, it means that providing late notice to an insurance carrier of an accident could prejudice (or undermine) their rights. They could lose the ability to investigate the accident in a timely manner. If they can't question witnesses when their recollection is fresh, examine a... Read more »

View More Answers

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in Car Accidents for New York on
Q: At fault drivers insurance policy goes up to $300,000 my doctor bills were $197, 000 I want to ask for more can I do tha
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 11, 2022

There is no limit to how much money you can sue for. That said, unless the owner / operator has assets, recovering more than the available insurance can be exceedingly difficult and would likely require you to first obtain a judgment against the defendant (which given today's judicial system... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: Veh ins co is asking me to sign a doc authorizing them to retrieve/retain veh data with no specifics do I sign?

The document states the date of the accident in which I was struck at a red light, but it does not specify a time and place. I do not want them retrieving anything else that does not pertain to the accident as this document states they can look at information prior to, during, and after the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

It could be difficult for an attorney to advise either way without seeing the form. Your concerns about an open-ended authorization with no specifics, or a limitless scope of information retrieval are valid. One option is to review the form with an attorney. Good luck

2 Answers | Asked in Car Accidents for New York on
Q: Hit and Run car accident triggers heart attack and leads to surgical procedure, what should I do?

My friend was in a hit and run car accident while in a parked car. He got hurt in the chest. Called 911, the cops came but told to file report online. Experienced severe pain in jaw, arms and chest, went to hospital next day in an ambulance. Doctors notified he experienced a heart attack which was... Read more »

Jeena R. Belil
Jeena R. Belil
answered on Jun 20, 2022

Your friend should contact a qualified injury attorney to discuss their case. He would need to file a police report within 24 hours of the accident or as soon as he’s out of the hospital. He also needs to contact the insurance company for the car in which he was a passenger.

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A lady intentionally rammed my car (I have it on video). I am injured, what should I do?

I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

I'm sorry this happened to you. I hope you are okay. In terms of the civil portion of your question, you could discuss this with a personal injury attorney. It could be premature to make a determination as to the extent of injuries until you are seen by medical professionals. An attorney could... Read more »

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: Geico falsified my accident report what can I do about it.

Geico falsified my accident report I have videos on the accident even the motorist told Geico that he was at fault.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 20, 2022

Following a motor vehicle crash, a Police Accident Report is prepared by the police responding to the scene. If the crash resulted in personal injuries or property damage over $1,000, each motorist is required to fill out an MV-104, https://dmv.ny.gov/forms/mv104.pdf Each driver's insurance... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: How can I file an insurance claim when the police report doesn't have the other guys insurance policy number
Tim Akpinar
Tim Akpinar
answered on May 18, 2022

One option is to see if the insurance carrier can ascertain their policyholder's coverage based on name, address, vehicle license plate, make & model, and other information contained in the police report. If the other driver reported the claim to their carrier, it might already be in their... Read more »

1 Answer | Asked in Car Accidents and Landlord - Tenant for New York on
Q: I scraped my landlord's car on March 31st. I immediately checked the car and did not see any damage. More below.

She responded quickly and informed me she did not see any damage either - not to worry it was okay and would park better in the future. Last Thursday, an itemized estimate for car repair was left on my kitchen table without any notice, entering my apartment without notice. This is over 35 days... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 12, 2022

This is not really a landlord-tenant matter, although she should not have entered your apartment without your permission. You should tell her that you do not feel that you should pay the bill because it was agreed at the time of the incident that there was no damage to the car. If she,... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: Do I have to pay for damage done to my driving instructor’s car?

I’m a student driver.Been only 2 days I’ve been driving. On my second day, I hit a pole on the side of the road and the right side mirror broke.Do I have to pay for it?

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2022

It could depend on the terms and conditions of your enrollment, the coverage of the policy, and the manner in which your driving was supervised, based on your skill level. A vehicle used for driving instruction should be accordingly insured, but that could be a case-by-case matter depending on the... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for New York on
Q: In regard of a car accident

I was involved in a car accident on October 2020. I did not hire an attorney because the insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was injured. Upon taking days... Read more »

Steven Richard Smith
PREMIUM
Steven Richard Smith
answered on Mar 1, 2022

Unfortunately, you are 1 1/2 years late for getting the assistance you need if you are in NY. You really needed an attorney at the outset. I can only comment on New York Law, so if this is another state this response might not apply. In NY, you would not use your primary health insurance for... Read more »

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: Allstate wants to give me the Kelly book value but I pay cash for my car $23,000 can I sue the responsable party for bal

My car was park on the street

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 25, 2022

I'm assuming from your question that your vehicle was parked when it was struck by another motor vehicle and was totaled. Unfortunately, under such circumstances, the other vehicle's insurance company is only responsible for the fair market value of your vehicle at the time of the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.