Addendum - In addition to double-checking with your former attorney to be certain about the disposition of the case, there could be other options. Even if a no-fault insurance file has long since been closed, there could be other health insurance coverages to explore. Good luck

No, it cannot. Under section 4-12(p)(2) of the NYC DOT Traffic Rules, no person shall drive a vehicle on or across a designated bicycle lane except under certain circumstances such as entering or leaving a driveway, entering or leaving parking space, making a left turn, etc.... View More

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

As my colleagues have correctly advised, whether to charge someone with a crime for vehicular manslaughter is ultimately left to the sound discretion of the District Attorney's office. Generally speaking, unless there are aggravating circumstances that contributed to the incident, such as... View More

If you actually prevailed in your lawsuit and obtained a judgment against the defendant trucking company, a copy of the judgment should be on file with the clerk's office of the county in which your lawsuit was brought. Given how old the case is, it is likely in archives and would need to be... View More

You could check with the court where the case was handled. You could also check department of motor vehicle records for accident reports, which from your description, would have passed the threshold to file a report of motor vehicle accident. You indicate MORE surgery. If you have any leads to the... View More

Sorry to hear what you went through. The "value" of any case is determined by a number of factors, including liability (who's at fault), damages (the nature and extent of your injuries) and oftentimes insurance coverage (both from the defendant's insurance and potentially your... View More

If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury... View More

That the other driver was walking around immediately following the incident, although relevant, is not dispositive as to whether he sustained a permanent injury from the collision. Many injuries, especially neck and back injuries, do not manifest themselves for several days following the initial... View More

I'm sorry about your accident. Make copies of the papers you were served with and give the originals to your insurance carrier. They should arrange a legal defense. New York State is a comparative negligence jurisdiction, which means that each driver's relative fault can be determined as... View More

As my colleagues correctly advise, seek consultation with counsel. The timeline is not indicated here, or whether you reached settlement through negotiation or through trial. Regardless of whether the carrier's outstanding claim liabilities are picked up by a state-guaranteed entity or fund,... View More

If the insurance company which was going to pay your settlement filed for bankruptcy or went under, you will have needed to file a claim with the NY Liquidation Bureau which acts as a receiver for insolvent insurance companies, https://www.nylb.org/home.htm Although the NY Liquidation Bureau will... View More

Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... View More

Insurance companies are not eligible for bankruptcy relief, by the express provisions of the Bankruptcy Code.

Instead, when an insurance company is no longer financially viable, it files an insolvency proceeding in the applicable state courts, which vary from state to state.

To... View More

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. At first glance, it appears that the driver is fully liable, irrespective of the other circumstances. However, liability is also apportioned in accordance with the state rules for that.

If this is a real-life setting, Sam could be dragged into the equation, depending on his alternatives, the reasonableness of his reaction, and the scope of coverage provided by the company's insurance. If this is a textbook setting, which is doubtful, since students never turn to Justia as a... View More

It could depend on what the out-of-pocket expenses are. If they were related to medical care or lost wages, no-fault would pick that up. In terms of other property damage-related expenses, it could depend on settlement terms. If you signed a release in consideration of monies received, the terms of... View More

Generally speaking, if your vehicle was damaged due to someone else's negligence, you can recover the difference between its market value immediately before the collision and its market value immediately after it was damaged. You can also recover damages for the loss of use of your vehicle,... View More

Addendum - looking at the timeline here, keep in mind that if there is association/involvement with a public entity here, it's possible there could be short of notice of claim issues (notification deadlines). Good luck

That's standard procedure. The report will not list the insurance carrier by name, but only by the code. Now you can take the three-digit code you have and look up the carrier. Here's an online resource for Department of Motor Vehicle Insurance Codes and Company Contacts...... View More