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.
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.
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.
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.
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.
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.
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...
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).
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.
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.
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.
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...
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.
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