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New York Car Accidents Questions & Answers
3 Answers | Asked in Car Accidents for New York on
Q: What to do with this accident claim?

I was recently in a car accident. I was hit by a DPW worker driving a DPW truck owned by the Town of Brunswick. This driver merged into my lane without signal, and he admitted to myself and the State trooper that he did not check his mirrors. The state trooper then told me that he is at fault for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2025

I'm sorry about your accident, but I'm glad you didn't suffer injuries. I hope everyone involved is okay. You could keep trying to contact them. If that continues to lead nowhere, then your options include going to court and filing suit, either on your own through a civil case or... View More

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3 Answers | Asked in Car Accidents for New York on
Q: What to do with this accident claim?

I was recently in a car accident. I was hit by a DPW worker driving a DPW truck owned by the Town of Brunswick. This driver merged into my lane without signal, and he admitted to myself and the State trooper that he did not check his mirrors. The state trooper then told me that he is at fault for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2025

Addendum - I see you are dealing with a town. That adds an additional element of a notice of claim to any action you may contemplate. In New York, actions against cities, towns, villages, or public agencies involve filing a notice of claim. Although this is generally 90 days, it would be best for... View More

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3 Answers | Asked in Car Accidents for New York on
Q: What to do with this accident claim?

I was recently in a car accident. I was hit by a DPW worker driving a DPW truck owned by the Town of Brunswick. This driver merged into my lane without signal, and he admitted to myself and the State trooper that he did not check his mirrors. The state trooper then told me that he is at fault for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2025

Sorry to hear what happened to you. As my colleague correctly advised, if the Town or its insurance carrier is ignoring you, your only option would to be file a lawsuit for your property damage. Before you can file any such lawsuit, however, you must first file a Notice of Claim within 90 days of... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Mark A. Siesel
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answered on Jan 6, 2025

Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you. Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2025

No, you don't want to do that on your own. You want YOUR attorney there, who should normally be provided free of charge by your insurance carrier. You did the right thing by turning the documents over to your insurance company. What happens next? Your insurance carrier assigns a defense... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Michael Hupy
Michael Hupy
answered on Jan 7, 2025

It seems you're dealing with a complex legal situation related to a pedestrian accident, where the plaintiff (the person who was hit) claims significant physical and mental damages that exceed the coverage provided by your insurance. You also mentioned that the person who delivered the summons... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 13, 2025

As my colleagues correctly advised, there could be many reasons why plaintiff's counsel wants to speak with you. That said, don't speak with them. Anything you say to them can be used against you in the civil lawsuit against you. You've already turned the matter over to your... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Stephen Bilkis
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answered on Jan 17, 2025

I'm sorry to hear about the difficult situation you are navigating. Dealing with legal claims after an accident can be overwhelming, especially when allegations exceed insurance coverage limits. Understanding your rights and the proper steps to take is crucial in protecting your interests.... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.

Stephen Bilkis
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answered on Dec 10, 2024

I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services.... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 9, 2024

There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... 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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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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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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