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New York Car Accidents Questions & Answers
1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

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

2 Answers | Asked in Car Accidents for New York on
Q: The vehicle was damaged while parked on a thoroughfare. Need an attorney to assist in filing a recovery of damage claim.

The accident occurred 1:30 am

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 25, 2023

You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that unless your damages are significant, you might have an uphill battle finding an attorney willing to take on the case. It might be more economical (and expeditious) to file a claim with the... View More

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1 Answer | Asked in Car Accidents for New York on
Q: How come in NYC with apermit you have to have dual brakes, yet on the road test the car does not have to have dual brake

Even if test is in NYC.

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Road tests are usually conducted at slow speeds in a closely controlled environment. The test is overseen by a someone in an official capacity instead of a family member. Good luck

3 Answers | Asked in Car Accidents for New York on
Q: why is a driver who kills a pedestrian still not charged with any crime. The driver was totally distracted ran off the
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2023

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

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hit in my vehicle on the way to where I worked in 1992.A 18 wheeler trucker went threw a red light and was injure

With the surgery and winning judgement against trucker I was to have full medical for my jaw injury. For life.Yes it was 31 years ago and I have been in need for more surgery but I dint have my lawyers name then or how to collect fir my surgery . If U dint remember lawyers name ir trucking company... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2023

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

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2 Answers | Asked in Car Accidents for New York on
Q: how long does it take to get a settlement check from a municipality after you sign a release normally
Tim Akpinar
Tim Akpinar
answered on Apr 12, 2023

It could depend on the municipality. But if there are no liens or other loose ends that need to be resolved, it could be as promptly as a week or two after they receive your signed released. If there are liens, such as those from public health agencies that paid for medical services, that could... View More

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2 Answers | Asked in Traffic Tickets and Car Accidents for New York on
Q: Are radar detectors legal in new york state for a personal use sedan?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 6, 2023

Radar detectors are legal in NY except in commercial vehicles. But may not be effective against laser which is mostly used.

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... View More

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

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...
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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was involved in an accident. Not at fault. The at fault driver retained a lawyer for serious permanent injuries.

At the accident he was walking around and reported no injuries. He merged into my lane 5 feet in front of my vehicle during a snow storm going slower than me. The speed limit was 55 and I was going no more than 40. causing me to rear end him and pushed me into a parked car. Will this go anywhere? I... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2023

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

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5 Answers | Asked in Bankruptcy and Car Accidents for New York on
Q: I was a pedestrian in Brooklyn when I got hit by a car exactly a month later the insurance filed for bankruptcy

The company already finished with the bankruptcy I signed settlement agreement for a certain amount already 3 months ago what is taking so long

Carl Nelson
Carl Nelson
answered on Feb 8, 2023

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

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Is someone liable for the injured person if he tried to avoid the danger as well?

Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

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

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3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2023

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

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2 Answers | Asked in Car Accidents for New York on
Q: How can I get the insurance information of a vehicle in volve in an accident I got the police report but it did not have

The insurance it only have the insurance code

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

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

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1 Answer | Asked in Car Accidents for New York on
Q: Had accident in July. Still waiting for seatbelt. Keeps getting pushed back month to month. This is acura.

I have been paying my lease payments all these months and unable to the car. Nobody from acura reaching out to make this right. I have been putting a lot of miles on my sons car that he can’t use in college because of this

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Bronx Driver:

And your insurance is paying this shop to repair your vehicle? And the only holdup is a seatbelt replacement? Did you look to buy the proper seat belt on your own?

https://www.acurapartswarehouse.com/oem-acura-seat_belt.html

If you do so, get your vehicle...
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3 Answers | Asked in Car Accidents for New York on
Q: During my driving class, a commercial truck hit me on the turn and I got injured.

Today during my first driving class, a commercial truck drove from my left trying to go around me and turned on the right hitting the car I was in. I have sprained shoulder and strained lumbosacral strain. It clearly was the fault of the driver on the truck.

What should I do? Besides the... View More

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Nov 16, 2022

Hi - I’m terribly sorry about your accident, it sounds awful. From what you described, it sounds like you may have a viable cause of action. You should consult with an attorney to see what your options are. In New York, there is a threshold that needs to be achieved prior to filing a case. If... View More

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2 Answers | Asked in Car Accidents for New York on
Q: I have a case of a car accident filed around January 29, 2020. I have no heard from my lawyer. What should I do?

spend time at the lawyers office on a deposition but that is all

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Call your lawyer over the phone and make an appointment to see him or her in person. Also, you can always check New York State's electronic filing system to see if your lawyer ever started a lawsuit on your behalf, https://iapps.courts.state.ny.us/nyscef/CaseSearch Keep in mind that the... View More

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2022

It sounds like there's more to this story. If your brother had blacked out while coughing, he would likely have crashed his truck, not just changed lanes. That the trooper did not show up for the court appearance would not warrant dismissal of the ticket, especially if it was the first time... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: What defense representation might be required regarding an automobile accident which resulted in personal injury?

My step-daughter was involved in an accident about a week ago. The police report implies it was her fault. No charges have been filed as far as i know. But, an individual was taken to the hospital.

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

I'm sorry about your stepdaughter's accident. I hope that she and everyone else involved in the accident is okay. Any defense representation that is required should be arranged by her insurance carrier (or the carrier for the vehicle, if she was driving someone else's car). The... View More

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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... View 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... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

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