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New York Insurance Defense Questions & Answers
3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 6, 2025

Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2025

I'm sorry for your injury. Based on the brief facts, it doesn't sound like you'd be in a strong position to claim compensation. As my colleague correctly points out, there would need to be some basis for the bus operator being at fault. Your travel insurance, or if you have a regular... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about your injury and the ongoing headaches you’re experiencing. It’s understandably frustrating when an accident occurs during what should be an enjoyable experience. In New York, you may be able to claim compensation for a head injury that occurred on a tour bus, but there... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for New York on
Q: Is my family's car insurance responsible for my accident, NY?

I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2025

It sounds like your affairs were totally separate three years ago, and that you had you had your own separate insurance. Under those facts, that should limit any possible theories of recovery against you. With your arrangements now, it's difficult to say. Your assigned insurance attorney is... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for New York on
Q: Is my family's car insurance responsible for my accident, NY?

I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 26, 2025

Your daughter's insurance company will not likely be responsible for the incident. Generally speaking, in New York, insurance follows the car, not the driver. Moreover, it appears your own insurance company has taken the lead in defending you in the lawsuit and would be first up for satisfying... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New York on
Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 19, 2025

Sorry to hear what happened to you. Although you could arguably obtain a verdict greater than $25,000 at trial, there is no guarantee that you'd be able to collect on a judgment. And that's assuming you win. Instead, the costs associated with going to trial will eat up whatever recovery... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New York on
Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2025

I'm sorry about your accident. More information is needed for a meaningful analysis, but it looks like you are currently represented. That would place your attorney in the best position to know the important details of the file needed to make a sound decision. As my colleague correctly... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New York on
Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More

Stephen Bilkis
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answered on Mar 12, 2025

I'm sorry to hear about the accident and the injuries you’ve sustained. In New York, when you’re involved in an accident, especially one where liability is contested, there are several factors to consider when deciding whether to accept an insurance settlement or pursue a lawsuit. Based on... View More

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2 Answers | Asked in Insurance Defense for New York on
Q: My insurance claim was denied by at fault not sure what I should do

She slammed her door onto my passenger door leaving a dent/scratch the dashcam could not capture her doing that just the sound but it did get video of her pulling in and out of the spot next to me I took pictures of my door and the edge of her door where you can see a little bit of my white paint... View More

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2025

I'm sorry this happened to you. One option is pursuing it in court; another (depending on your coverage) could be handling through your own carrier as a first-party claim. Although your account of events is credible, it looks like the carrier recognizes the difficulty in proving the claim and... View More

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2 Answers | Asked in Insurance Defense for New York on
Q: My insurance claim was denied by at fault not sure what I should do

She slammed her door onto my passenger door leaving a dent/scratch the dashcam could not capture her doing that just the sound but it did get video of her pulling in and out of the spot next to me I took pictures of my door and the edge of her door where you can see a little bit of my white paint... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 14, 2025

Really depends on what type of insurance coverage you have. As my colleague correctly advised, if you have collision coverage, you could file a claim with your own carrier. Absent such coverage, however, your only other option would be to bring a lawsuit against the owner / operator of the other... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 6, 2025

As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Contracts for New York on
Q: Can I do anything about an agent at my car insurance company lying about coverage?

When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More

2 Answers | Asked in Real Estate Law, Insurance Defense and Landlord - Tenant for New York on
Q: Neighbor (or building's?) insurance adjuster asking for access - what's going on?

I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More

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1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Identity Theft for New York on
Q: Can I sue my auto insurance for allowing an impersonation leading to a fraudulent driver addition?

I discovered that someone impersonated me to list themselves as a driver on an auto insurance policy I held. This impersonator, believed to be the girlfriend of a friend for whom I was insuring the vehicle, got into an accident with the insured vehicle. I was unaware of this addition to the policy.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2025

It could depend on how the additional insured made it on to the policy. That might result in an investigation on the part of the carrier. If you approached law firms to discuss such a lawsuit, they may want to first see the carrier's position on covering or not covering claims from the... View More

1 Answer | Asked in Insurance Defense for New York on
Q: Im looking for a disability Insurance lawyer to go over my disability Insurance policy.

Im looking for a disability Insurance lawyer to go over my disability Insurance policy to make sure everything looks right and to share with me insights and make sure I understand what I am getting signing this policy. Please share with me disability Insurance only lawyers so they can go over the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2025

You could find that. It's just that the format here on the forum is limited to Q & A, so that could make it difficult for attorneys to reach out to you with offers of their services. You may have already started searching online. You could supplement your efforts with the tab above,... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Immigration Law for New York on
Q: Are illegal immigrants allowed insurance under the affordable care act?

Are illegal immigrants allowed insurance under the affordable care act?

James L. Arrasmith
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answered on Dec 13, 2024

Under the Affordable Care Act, undocumented immigrants are not eligible to purchase health insurance through the federal or state marketplaces. They cannot receive premium tax credits, cost-sharing reductions, or other federal benefits through the healthcare exchanges.

However, you can...
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1 Answer | Asked in Insurance Defense for New York on
Q: Insurance company total payout was $12,460.Lawyers sent me paperwork saying 10,000 they settled at , what about the2,640
Tim Akpinar
Tim Akpinar
answered on Mar 8, 2024

You could ask your attorney what the deduction is for. No one here could know what your attorney's out-of-pocket expenses were, but these could include index no. if your case was placed into suit, medical records requests, and other costs. If the case involved liens of any kind, those could... View More

1 Answer | Asked in Personal Injury and Insurance Defense for New York on
Q: Must a subpoena include "the annexed document" referred to in the subpoena? This is NY, the Supreme Court.
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 8, 2024

A subpoena needs to describe the document or item requested with sufficient particularity as to enable the party served with the subpoena to produce the document or item. It does not need to include a copy of the document referenced in the subpoena itself.... View More

1 Answer | Asked in Insurance Defense for New York on
Q: I had an accident five months ago but It wasn't big so I didn't report it My insurance still help me?

I had an accident five months ago. It wasn't big so I didn't report it. But now I am being sued by the other driver for $8000 in damages. Can I still get help from my insurance company? Its American transit insurance company ATIC. Do they provide free lawyer in this case?

Tim Akpinar
Tim Akpinar
answered on May 12, 2023

Turn the lawsuit papers over to American Transit after making copies for your own records. Because of the time gap, you may be confronted with the argument that their rights to investigate the claim were prejudiced by the delay in reporting. Every carrier can be different in their tolerance for... View More

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