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New York Car Accidents Questions & 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 »

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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
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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.

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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 »

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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
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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 »

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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 »

1 Answer | Asked in Products Liability and Car Accidents for New York on
Q: if you pay someone to settle a claim, how would you word a statement for them to sign stating it's settled ?

it's a small vehicle accident claim less than 900 dollors. we just don't want her to come back later and say we owe her more.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2022

It would be difficult for an attorney to guide you on drafting a release with the format here. It sounds like you want to handle the release yourself. There are boilerplate releases online. No one here can tell you, "Consult an attorney," or, "Save money and do it yourself."... Read more »

2 Answers | Asked in Car Accidents for New York on
Q: I was served a civil court summons for a personal injury case for plates surrendered back in 2016. Should I get a lawyer

I have proof of plates surrendered and I was never in any car accident to begin with in my life.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2022

Report the matter to your insurance company. It will hire attorneys to defend you in the lawsuit. If, at the time of the alleged incident, you no longer owned the motor vehicle that was the subject of the civil lawsuit, you will arguably bear no legal liability / responsibility. Make sure to... Read more »

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2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for New York on
Q: a person hit my condo and caused an excess of damages above limits of there policy. How do I know there worth

It was considered there fault abs a lot of stress as it is taking extra long to complete because mgmt is failed to progress as well. It’s been 7 months abs still not complete- only a 2 month job.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2022

Investigators are generally able to identify those things, but in the absence of injuries, building/property policies could sometimes offer higher policy limits than vehicle policies carrying minimum statutory limits. Good luck

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: If I give an employee explicit permission to use my personal vehicle does that imply anyone else permission to use auto?

Can employee give anyone else permission to use vehicle.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2022

The simple answer is that express permission to one person would often mean they are the person permitted to use the vehicle. But depending on the relationship, level of friendliness, stating something to the effect that use of vehicle is for company purposes (or personal use as well), mentioning... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: Question regarding stop sign accident In NYC.

Want to clarify in the beginning, I have a dash cam. I'm stopped on a two way street, about to make a left turn into a one way. There are two cars at a stop sign across me. I let the first car pass and start to make a left turn. The second car does not let me through and continues to follow... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 19, 2022

The general rule is that a vehicle making a left turn has to yield to vehicles approaching from the opposite direction. In making their determination of liability, the insurance carriers will probably examine other factors as well, including the police report, testimony from other driver, your... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: Am I required, by law, to provide homeowner's insurance information for a car accident?

I am currently being sued for a minor car accident. Despite having ample car insurance, the lawyer for the other side is requesting information about umbrella/homeowner's insurance. They say it is required by law. I need to know if it is.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 9, 2021

Under New York Civil Practice Law & Rules § 3101(f), you are required to disclose the existence of any insurance policy that might satisfy, in whole or in part, a judgment entered in the action. https://law.justia.com/codes/new-york/2010/cvp/article-31/3101/ Generally speaking, a... Read more »

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1 Answer | Asked in Car Accidents for New York on
Q: My car was totaled and I've been waiting over 4 months to get paid out the value of the vehicle. Can I sue?

Someone backed into 3 cars and mine was one of them. It got totaled. Insurance company is claiming they have to wait to sell one of the other cars involved in the accident before they can pay me out. I've been waiting long enough and I need the money now.

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2021

You should be able to sue, unless there are facts missing here. Whether you handle the matter yourself or you go through law firms, keep legal fees in mind. When it comes to handling property damage-only cases, law firms may not necessarily handle them on a contingency basis. Good luck

Tim...
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1 Answer | Asked in Car Accidents for New York on
Q: My daughter's car got backed into at a gas station. Her car was damaged. At fault driver now changing story. Proceed?

No police report was filed (error). Can't access video from the gas station apparently with out police approval, but no report. Insurance company says her word vs, his. Any recourse?

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2021

If the matter involved low-level/low-speed property losses only, it could sometimes be difficult to arrange for an attorney to handle on a contingency basis. Depending on the type of policy, the carrier could pursue damages from the other side. Whether you act through the insurance carrier,... Read more »

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