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New York Car Accidents Questions & Answers
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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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 R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Sorry to hear what happened to you. As my colleagues correctly advised, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in order to recover damages for "pain and suffering",... View More

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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

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2022

I'm sorry about your accident. I hope you have a healthy recovery from the injuries you describe. In terms of your question about what to do or what not to do, there's a lot to sort out. It's too much to cover within the brief scope of the Q & A format here.

If you reach...
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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 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

Toshinori Isoai
Toshinori Isoai
answered on Nov 3, 2022

Your brother should speak with a local attorney to fight or resolve this matter. PA DMV can be tricky and harsh for out-of-state violations for CDL drivers. Relatively minor violations can be treated as serious offenses such as certain speeding, unsafe lane change. Paying the fine (if it's... 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 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.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 31, 2022

Assuming your daughter has automobile insurance, she should report the matter to her insurance company immediately. The insurance company will investigate the matter and, if your daughter is sued, assign counsel to defend her in the lawsuit and pay any judgment entered against her up to the limits... View More

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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for New York on
Q: I am looking forward for an attorney who is not scared to sue the county for injury sustained through car accident.

DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More

1 Answer | Asked in Car Accidents and Contracts for New York on
Q: My bf is pretty much going through the same thing only the person who has the car had a hit and run at the casino

He found out he was the primary leaser when the cops came to the house and handed him a hand full of tickets when he went to file his taxes thay had put he made 68,000.00 a year so that put him on a different tax bracket now he owes 4,000 to federal and almost 4,000.00 in ticket

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

It isn't fully clear what is taking place here, but if your boyfriend received citations or charges involving a hit and run with a vehicle operated by someone else, he should consider consulting with an attorney on the tickets you mention, noting the due dates for answers/appearances outlined... 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

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 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

1 Answer | Asked in Car Accidents for New York on
Q: At fault drivers insurance policy goes up to $300,000 my doctor bills were $197, 000 I want to ask for more can I do tha
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 11, 2022

There is no limit to how much money you can sue for. That said, unless the owner / operator has assets, recovering more than the available insurance can be exceedingly difficult and would likely require you to first obtain a judgment against the defendant (which given today's judicial system... View More

1 Answer | Asked in Car Accidents for New York on
Q: Veh ins co is asking me to sign a doc authorizing them to retrieve/retain veh data with no specifics do I sign?

The document states the date of the accident in which I was struck at a red light, but it does not specify a time and place. I do not want them retrieving anything else that does not pertain to the accident as this document states they can look at information prior to, during, and after the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

It could be difficult for an attorney to advise either way without seeing the form. Your concerns about an open-ended authorization with no specifics, or a limitless scope of information retrieval are valid. One option is to review the form with an attorney. Good luck

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