Lawyers, Answer Questions  & Get Points Log In
New York Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Medical Malpractice and Personal Injury for New York on
Q: my daughter was injuried 7/17,she was hit by a police car responding to call,taken by ambulance to stony brook ER

she had a concussion and back injuries an abnormal EKG.she was release d the same day.she is still having medical issues.this was in seldan ny.she is paying out of pocket for medical testing she needs.Can she be helped in getting advice to help her ?

Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

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.

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for New York on
Q: Likelihood of jail time for first time DWI (1.52) offender with vehicular assault with serious injury to victim?
Jonathan A. Rosenberg
Jonathan A. Rosenberg answered on May 20, 2018

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... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for New York on
Q: What are the odds of me getting a moving violation of following too closely removed? First ever offense.

I was in an accident and was not following too closely, I just didnt realize how quickly the vehicle in front of me was stopping and didnt immediately slam on my brakes. This is my first moving violation and I got rear ended after this.

Zev Goldstein
Zev Goldstein answered on Apr 30, 2018

Posting where you received this ticket would help, as the legal process is different in different counties.

1 Answer | Asked in Car Accidents for New York on
Q: Can you use traffic camera footage to show who was at fault in an accident?
Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

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.

1 Answer | Asked in Car Accidents for New York on
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

Driver now american transit is suing the driver and needs a affividavit from us. Should we sue too 3yr is no up daughter hit us mothers car

Peter N. Munsing
Peter N. Munsing answered on Mar 20, 2018

You have an attorney so let them handle it and ask them this question.

1 Answer | Asked in Car Accidents for New York on
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

they were hit from behind as well, according to party that hit me; secondary driver left the scene. I don't have collision insurance and the insurance carrier of party that hit me(allstate) claim that they have no liability as they were hit from behind. I now have a car that no longer works and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

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.

2 Answers | Asked in Car Accidents for New York on
Q: MY SON WAS KILLED IN A CAR ACCIDENT 6MO AGO AND HE WAS A PASSENGER IN AN UNINSURED CAR WHO WAS IN THE WRONG, CAN I SUE

THE ACCIDENT WAS IN FLORIDA, THE DRIVER OF THE CAR WAS UNINSURED AND MY SON WAS THE PASSENGER. APPARENTLY HIS FRIEND RAN THE STOP SIGN AND HIT ANOTHER CAR, MY SON LIVED FOR 3 WEEKS,THEN DIED AS A RESULT OF HIS INJURIES, BUT THE LAWYER IS SAYING ME AND HIS FATHER CAN POSSIBLY SUE EVEN IF THE FRIEND... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Mar 12, 2018

Hi - I'm so sorry for your loss, that is awful. There are many factors that may permit you to initiate a suit. You can call an attorney to get some more insight as well as a referral to an attorney in your area.

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: My wife was stopped at a red light and hit from behind. Car was totaled, she was pregnant and went to the hospital.

Completly not her fault but car insurance premium more than doubled. Was told it was because she went to the hospital. Seems very unreasonable for an accident not her fault and now can barely afford to drive. Could driver or insurance company be sued?

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

yes but not for that.Contact a member of the NYS trial Lawyers Assn .

As to the increase, you may have appeal rights on it and if not file a complaint with the NYState Commissioner of insurance.

1 Answer | Asked in Car Accidents for New York on
Q: Car accident claim denied by other party's insurance.

Hello,

My car got hit while it was parked. When the police came, they told me that the driver of vehicle 1 suffered a stroke and hit 4 parked cars including mine on 2 different streets. My vehicle is liability only. I contacted veh.1 insurance, filed a claim, sent all info. They estimated... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 2, 2018

Given the video you can claim a) it wasn't an event 2) even if it was maybe he shouldn't have been driving 3) file a complaint with the NYstate insurance commissioner's office for unfair claims handling.

1 Answer | Asked in Car Accidents for New York on
Q: My brother is 17, has no license but has a permit and drives the family car. He got into a hit and run, he ran. Jail?

- He has a permit

- The car has insurance

- I want to know the possible punishments

- He's 17

- Has no license

Peter N. Munsing
Peter N. Munsing answered on Mar 2, 2018

Permit acts as his license, though permits require another driver. Assuming he at some point reported the crash or it was reported a lot will depend on the damage etc. I assume he has an attorney. If not he should get one. He may face a license suspension, perhaps probation, hopefully not jail.

3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Do I need to be 18 to create my own affidavit?

I got into a motor vehicle accident and received money in a trust. The judge said that if i needed money for a car when it was time to go to college to go back and he would grant me money. But i need an affidavit and can't afford a lawyer so i am doing it on my own. Do i need to be 18 or can i do... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2018

You may create your own but as an affidavit it must be signed before a Notary.

Judge may set a hearing date.

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A taxi driver crossed the double yellow and hit me. He then proceeded to hit another vehicle.

My rear wheel was sheered off and unable to move. His claim was he swerved to get around another car (there was no car infront of him) and then it changed to “i have diabetes and havent eaten”

I have severe neck and back pain from the side impact, what are my options?

Michael H. Joseph
Michael H. Joseph answered on Feb 17, 2018

You need to file a no fault Application with your insurance company right away so they will pay for your medical treatment. You can also sue the taxi driver. His excuses are nonsense because it is his responsibility to drive in a reasonable manner.

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Q: Employee causes a car accident during work hours due to being under the influence of narcotics is the company liable?

Employee was also under suspicion of using drugs but Employer ignored reports from coworkers.

Jesse M. Minc
Jesse M. Minc answered on Feb 12, 2018

As with most legal questions, the answer is "it depends". Under New York Vehicle and Traffic Law Section 388, owners and operators of vehicles are jointly and severally liable if the vehicle is involved in an accident under most circumstances. If the employee had permission to drive the vehicle... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I am from TN, work in NY and had a car accident in NJ. Where do I find an Attorney, NY/NJ or TN?
David Alan Wolf
David Alan Wolf answered on Feb 3, 2018

Your primary attorney should be in New Jersey. Your primary attorney may want to reach out to an attorney in one of the other states to get recommendations for medical providers.

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: My insurance co wants to settle my MVA. Do i lose the right to countersue? Res judicata? accident in NYC. i Live in pa.

We were involved in MVA where driver made left turn into my green light straight lane. He claims we ran the red. We did not. We are positive we had green light. He is suing us. If my insurance com. settles my case with the other driver, do i lose my right to counter-sue? Does res judicata apply to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2018

If you mean the damage to your car issue that is called inter-company arbitration and doesn't bind you but may affect what you get. Get a copy of the full police report. Even if the light changed as the left turning vehicle they can only turn when it is safe to do so.

Assuming its just...
Read more »

1 Answer | Asked in Car Accidents for New York on
Q: No fault drunk driver no injury, but can I get emotional distress and I’m completely with out a car ! .

Can I sue her insurance for a new car? Since they want to total mine and give me what I think is an unfair amount to get a car . I have 4 children and we now have to rearrange our lives at her negligence. Some one please give me some advice before I legit lose it .

Peter N. Munsing
Peter N. Munsing answered on Jan 25, 2018

If your car was totaled I'd think you would have some injury as you are not a crash test dummy. You are describing a form of ptsd which you'd want to discuss with your doctors. As to the property damage, it's set by state law--they only have to give you the book value--baiscally what your car would... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: I got into a car accident and i got my money and I’m just waiting for my sons money and i was wondering who’s name

Will I.T come in

Peter N. Munsing
Peter N. Munsing answered on Jan 15, 2018

Likely in his name, to be placed in an account until he comes of age.

1 Answer | Asked in Car Accidents for New York on
Q: I recently got into an accident and my car was towed to a towing company and I had few questions.

I am a resident living in New York and the rates of the towing are the following:

Mileage Charge = 30 dollars

Towing Charge = $175 * 2 = $350

Road Service Charge = $100

Storage Charge = $350

Clean up = $45

Yard = $85

So my question is, what... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2018

Assume you paid it. Now feel free to contest it. It is highway robbery, but usually it's legal.However a second charge for the auto body? Nah. Especially not that rate. File a complaint with the NY AG's Consumer division and with whatever department regulates towing operators.

1 Answer | Asked in Car Accidents, Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: my car been towed in a legal place can i sue?

i parked in the right side no sign (there is sign of privet property on the left side only)

can i sue the building management who called the tow company and the tow company??

Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

You can but chances are the court will only give you the towing charges and any damage to the vehicle.But worth a shot--they took your property, secreted it, then extorted a fee.

1 Answer | Asked in Car Accidents for New York on
Q: My car was park, my husband opened the door, another car hit my door, who’s fault is it?

He was putting my child on the car seat, we are lucky the other driver didn’t run him over, in front of my house is a school, the other driver says he opened the door fast which wasn’t the case

Peter N. Munsing
Peter N. Munsing answered on Dec 23, 2017

See my answer to your other post--speak with a NYSTLA member

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.