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New York Car Accidents Questions & Answers
4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Michael Bersani
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answered on Oct 7, 2024

That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More

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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A 2016 case - that seems like a long time - I agree with my colleague there. If it was a Department of Transportation vehicle, that could make for a long timeline - especially if liability was contested. On the other hand, if the Department of Transportation context is based on your case involving... View More

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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Craig Z. Small
Craig Z. Small
answered on Oct 7, 2024

There could be a number of reasons. First, make sure your attorney filed the proper notice of claim and filed suit timely. There are deadlines for legal malpractice as well. Otherwise, call your attorney and ask why. Unless the case experienced the wrath of covid-delays, a trial, or an... View More

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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 8, 2024

Although cases against public entities such as the MTA generally take longer than cases against private defendants, eight years is a bit long. Best to speak with your attorney and ask about the status of your case. Given the age of your case, it should arguably be on the trial calendar. Keep in... View More

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3 Answers | Asked in Car Accidents for New York on
Q: After a car accident, does it make sense to file a claim with the other parties insurance although mine found me liable?

I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

If there's absolutely no basis on which to bring a claim, it could be a waste of time. If there is any basis, even if small, it could be worth exploring, since New York is a comparative negligence jurisdiction. That means that someone might have the basis for a claim even if the other side was... View More

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Rights for New York on
Q: Do i have the rights for trial jury?

In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Personal injury settelment denied lawyer is not giving me letter stating they are not representing me anymore?

Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More

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1 Answer | Asked in Car Accidents and Personal Injury for New York on
Q: How long does it take to investigate a car accident when 1 driver, my son, has a T B I , has been to court, and is bein

Ticketed with speeding. We are dealing with Colonie, N.Y. Court . Things are on hold till my son gets his memory back. Thanks for your help. Shawn

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

I hope everyone involved is okay and that your son is okay and that makes a healthy recovery. It could run anywhere from a few weeks to a few months, depending on (1) who is doing the investigation (highway safety division of police pct, country district attorney office, insurance company claim... View More

5 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: t-boned in a car accident ~6 months ago. served with papers last week to go to court. I'm looking for a lawyer.

my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602

The person driving the other car lied to LEO and stated the backseat passenger was driving.

The younger driver was speeding and hit my car after... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2024

Following up on attorney Selik's answer, why do you want an attorney? If it is to defend yourself against allegations that you are at fault and/or responsible, then let your automobile insurer know of the lawsuit----most likely part of what the insurance agreement provides is that if you are... View More

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5 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: t-boned in a car accident ~6 months ago. served with papers last week to go to court. I'm looking for a lawyer.

my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602

The person driving the other car lied to LEO and stated the backseat passenger was driving.

The younger driver was speeding and hit my car after... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 7, 2024

As my colleagues have correctly advised, if you have insurance, report the matter to your insurance company ASAP. It will assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability coverage. If you have no insurance, you'll need to... View More

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4 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 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 R. Ratchik
Jonathan R. Ratchik
answered on May 21, 2024

New York is a no-fault state which means that regardless of fault, the insurance company of the host vehicle will pay for your medical bills, lost earnings, and other reasonable and necessary expenses. If you haven't already, file an application for no-fault insurance benefits within 30 days... View More

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4 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?
Tim Akpinar
Tim Akpinar
answered on May 20, 2024

Addendum - Your claim(s) may involve notice of claim requirements. That means short filing deadlines. If you arrange a consult with an attorney, they could outline how this works, and the relevant timetables. Good luck

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4 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?
Tim Akpinar
Tim Akpinar
answered on May 18, 2024

Lost wages are generally recoverable in all accidents. That's the short answer. However, every accident could be different in terms of the entities involved and the way fault is split between the parties. One would need additional details to advise you meaningfully, such as whether you have... 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.

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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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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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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