New York Car Accidents Questions & Answers

Q: My daughter was hit by A car while crossing the street she had the light was in the crosswalk he was turning

5 Answers | Asked in Car Accidents and Personal Injury for New York on
Answered on Mar 26, 2019
Michael H. Joseph's answer
Yes, but the first step is you need to file a no fault application with the insurance company for the car that hit your duaghter within 30 days of the accident. They are responsible for paying for her hospital and medical bills. You can find out the insurance company from the code on the police report. In addition, you can definitely sue the driver for your daughter's pain and suffering.

Q: Can the police tow my car after i showed them that i had insurance and they didn’t care?

1 Answer | Asked in Car Accidents and Civil Rights for New York on
Answered on Mar 18, 2019
Peter N. Munsing's answer
Not clear why they took the plates. You may have a claim but get the car out of storage before you get more charges. Then you have to file a claim under the NYState Tort Claims act with the police. However most statutes say YOU have to produce the insurance card, not a photo on a phone.

Q: What if the insurance company says they aren't liable for the car but offers a bodily harm settlement

2 Answers | Asked in Car Accidents for New York on
Answered on Dec 28, 2018
Peter N. Munsing's answer
if you were hurt contact a member of the NY State Trial Lawyers Assn for the county where it happened. They give free consults.

If they are liable they are liable .

Q: Accident no physical injury

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Answered on Dec 23, 2018
Timur Akpinar's answer
You could consult with attorneys in your area to explore if they would handle the matter on a basis that would be cost-effective for you. It sounds like the matter involves property damage only, which is good because no one was hurt, but that could make it more difficult to find representation. Depending on the size of the PD claim, an attorney could weigh the costs of litigation against the recovery.

Tim Akpinar

Q: What if u are parked ... getting out a vehicle

3 Answers | Asked in Car Accidents for New York on
Answered on Dec 17, 2018
Michael Bersani's answer
In New York, if you exit a parked car, you are required to look behind before you open the door to ensure that no car is going to hit your door as it opens. However, the on-coming vehicle also has a duty to use care in passing parked cars, and not to ride closer to them than necessary. This could, depending on the facts, be a case of "comparative negligence" where the insurance companies, or a jury, would find both parties partially at fault.

Q: Lawyer family relation demands mom give not legally mentally competent dead brain lobes denied 500 pages 2week coma

1 Answer | Asked in Car Accidents for New York on
Answered on Nov 17, 2018
Timur Akpinar's answer
This is posted under car accidents, but more details are necessary here.

Tim Akpinar

Q: What should I do if a rideshare driver hits my car then takes off before I get his/her info?

2 Answers | Asked in Car Accidents for New York on
Answered on Oct 18, 2018
Michael Bersani's answer
If you have collision insurance, call your own insurer immediately and report it. If you don't, call the police and report it. If you can tell the police the exact time and location of the collision, perhaps the ride-share company can track down which driver was in the area at that time.

Q: I witnessed a car accident in Manhattan and left the scene before the police arrived. Was that against the law?

1 Answer | Asked in Car Accidents for New York on
Answered on Sep 25, 2018
Timur Akpinar's answer
In general, a person who witnesses an accident does not have a legal obligation to remain at the scene. This is provided that they were not in any way involved in the accident. But outside of legal obligation, people may choose to remain at the scene to give police officers an account of what they saw as witnesses.

Q: Can i still get a lawyer

1 Answer | Asked in Car Accidents for New York on
Answered on Sep 24, 2018
Timur Akpinar's answer
Based on the facts here, it’s hard to tell if you entered into finalized settlement terms for the $500 you mention. Speaking with a personal injury lawyer would at least enable you to have your case assessed to determine what your options are, and learning about deadlines and statutes of limitations within which you need to act to preserve your legal rights. It sounds like speaking with a disability lawyer would also be helpful in learning your options regarding Social Security...

Q: If a vehicle changes lane do to mechanical failure .Should the driver be ticketed.

1 Answer | Asked in Car Accidents for New York on
Answered on Sep 8, 2018
Timur Akpinar's answer
As a general matter, a driver under such circumstances could be ticketed if the failure was determined to be attributed to a maintenance or safety-related issue. Truck air brake systems are complex and without more information, it isn’t possible to speculate the root cause of the failure (e.g. a spontaneous failure of a material or fitting over which operator/owner had no control, or a failure related to maintenance or safety issues).

Q: What's the penalty for exaggerating injuries caused by a car accident for more insurance money?

3 Answers | Asked in Car Accidents for New York on
Answered on Aug 24, 2018
Michael Bersani's answer
If you "exaggerate", deliberately, that's lying. If you do it under oath at a deposition or at trial, it is perjury and is a crime. You could have problems with perjury or insurance fraud charges. But this is unlikely. The more direct result will be that you will get caught in a contradiction, or your doctors will figure out you are malingering, or you will otherwise get "caught" and your case will be severely damaged. Honesty is always the best policy.

Q: My roommate borrowed my car and got into an accident. He didn't have insurance. Am I on the hook for the injuries he

1 Answer | Asked in Car Accidents for New York on
Answered on Jul 18, 2018
Peter N. Munsing's answer
If you had insurance then that will cover the crash. If you didn't have insurance you may be responsible together with him. Let your insurance take care of it.

Q: If police report was written do i have to contact my insurance company?

1 Answer | Asked in Car Accidents for New York on
Answered on Jun 24, 2018
Peter N. Munsing's answer
As it's not your fault, assuming the police report is that way, it won't hurt to contact your insurance just so they are aware if the other driver makes a problem what it's about.

Q: my daughter was injuried 7/17,she was hit by a police car responding to call,taken by ambulance to stony brook ER

1 Answer | Asked in Car Accidents, Medical Malpractice and Personal Injury for New York on
Answered on May 22, 2018
Peter N. Munsing's answer
She gets medical from her car insurance; if no car, then if she lives with you your car insurance has medical coverage which should be paying her bills. She may have a claim against the PD--contact a member of the NYState Trial Lawyers Assn--they give free consults.

Q: Likelihood of jail time for first time DWI (1.52) offender with vehicular assault with serious injury to victim?

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for New York on
Answered on May 20, 2018
Jonathan Avner Rosenberg's answer
No lawyer - no matter how much they want your money - can tell you the likelihood of jail on a criminal case, with the exception of some especially serious felony charges that appear to be supported by strong evidence. So, for example, a lawyer could guarantee a high likelihood of jail time in the following hypothetical: If you're charged in Manhattan with some felony version of vehicular assault where the victim's serious injury results in indefinite unconsciousness, the evidence against you...

Q: What are the odds of me getting a moving violation of following too closely removed? First ever offense.

1 Answer | Asked in Traffic Tickets and Car Accidents for New York on
Answered on Apr 30, 2018
Zev Goldstein's answer
Posting where you received this ticket would help, as the legal process is different in different counties.

Q: Can you use traffic camera footage to show who was at fault in an accident?

1 Answer | Asked in Car Accidents for New York on
Answered on Apr 16, 2018
Peter N. Munsing's answer
You bet! But you have to make sure to request they save the image and give you a copy, do that ASAP as images get removed after 48 -72 hours in most places because of storage capacity.Go in person.

Q: I had a car accident as a passenger in a taxi june 19, 2015 there were two parties. We sued the taxi and not the

1 Answer | Asked in Car Accidents for New York on
Answered on Mar 20, 2018
Peter N. Munsing's answer
You have an attorney so let them handle it and ask them this question.

Q: I was in a car accident in Syosset NY. I was at a stop light and was struck from behind. The party that hit me states

1 Answer | Asked in Car Accidents for New York on
Answered on Mar 13, 2018
Peter N. Munsing's answer
Yes. Contact a member of the NYState Trial Lawyers Assn in the county where the wreck happened. They give free consults.

A 3 car is always a hassle but yes you have rights.

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