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New York Insurance Defense Questions & Answers

1 Answer | Asked in Insurance Defense and Traffic Tickets for New York on

Q: Insurance lapse for 1mo. Cited for operating w/o insurance, unreg vehicle, operate while reg susp and unlicensed

My registration was up to date and my license was valid, but my insurance lapse messed with them all and gave me four tickets, why?

Charles Oliver Wolff answered on Jul 22, 2019

When your insurance terminates (or lapses) the DMV automatically suspends/cancels your registration and plates, but not your driver's license. Reinstate your insurance (expect the rate to go up), renew your registration, get new plates, and take proof of all of that to court when you appear. You... Read more »

1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on

Q: My mom was unaware that she was uninsured for 8 months. Now geico is trying to back charge her $1200.

Geico says if she doesn’t pay, they will report her to the NY DMV where she will get fined and have her license revoked since her insurance was cancelled before she surrendered her plates. Her insurance was cancelled 10/2018, but her plates weren’t surrendered until 6/2019. She had called... Read more »

Zev Goldstein answered on Jun 30, 2019

This is difficult problem to untangle. There are probably a few more pieces to the puzzle. For instance, was she insured in CA? I can't understand this from your question. Even if she pays the fine, her license would be suspended in NY for around 9 months. Then the questions becomes whether she... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on

Q: If an individual travereses on frozen water, do they do so at their own risk?

New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... Read more »

Peter N. Munsing answered on Feb 4, 2019

First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement...
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1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on

Q: Got arrested for suspended license never notified ried profusely to pay. And now I find out it's still affecting ins

I

Going back several years, three I believe. This was the winter when buffalo got record snowfall. Five feet. I obviously didn't drive when it was down like that but even as the roads cleared they were messy. I had three accidents over the next year or two including a speeding ticket in... Read more »

Zev Goldstein answered on May 22, 2018

Your story got cut off. Try posting the relevant parts.

1 Answer | Asked in Criminal Law, Insurance Defense, Consumer Law and Insurance Bad Faith for New York on

Q: I think I have been in a car insurance scam.

Car insurance rep collecting the money but Insurance company says i have no insurance and owed money.

Michael David Siegel answered on Apr 27, 2018

Report it to the New York State Attorney General ASAP.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for New York on

Q: After I left the company my insurance was backdated so I was no longer covered with no offer of Cobra. What’s next?

I already went under a procedure and I received no written notification of this nor was their any paperwork describing benefits or what happens after you leave the job. I had a verbal agreement (and some texts) with the manager saying I at least had a month but now I have a bill over $2,000. I... Read more »

Michael David Siegel answered on Feb 17, 2018

You have a claim against your employer. For $2000 it is small claims. You can bring it yourself.

3 Answers | Asked in Employment Discrimination, Employment Law and Insurance Defense for New York on

Q: Can i be fired after 10yrs working for insurance company, even tho I disclosed felony in app and when questioned by HR

Co hired new bkgtound co and gr larceny felony came up. Asked if I have waiver which I never was told i needed one. I enroll people for insurance which doesn't req a license

V. Jonas Urba answered on Sep 29, 2017

Google ban the box or Fair Chance Act NYC.

Call us if you lose the job which you should not unless special circumstances.

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1 Answer | Asked in Criminal Law, Family Law, Health Care Law and Insurance Defense for New York on

Q: Is it legal to change someone elses doctors apointments?

Ali Shahrestani, Esq. answered on Jul 10, 2017

That sounds like a HIPAA violation unless exceptions apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Insurance Defense and Business Law for New York on

Q: Am I required by law to have disability insurance if I am the only employee and owner of my company? (an LLC)

Ali Shahrestani, Esq. answered on Apr 14, 2017

Not typically, but in some rarefied event it might depend on what kind of industry you're in and what specific licensure rules apply to you in your profession. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New York on

Q: Removing son in law from Geice car insurance

Geico informed my husband that once he submits his son paycheck with a new address, they will remove him. Now they are saying he resides to close to our address, what legal language is needed to have Geico car insurance remove him. He doesn't live with us since August 2016, he has NC drive... Read more »

Ali Shahrestani, Esq. answered on Mar 27, 2017

Review your situation and insurance contract with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Criminal Law and Insurance Defense for New York on

Q: I am charged personal and company both,Can I dismiss personal criminal charge?Or this should not be criminal penalty?

I am a general contractor.Brooklyn New York.A few months ago,my workers were doing construction work in a residential house.Someday the inspectors of Department of Buildings came to job site(I was not there).They issued violation to my company for "work does not conform to approved plan"and order... Read more »

Ali Shahrestani, Esq. answered on Jan 23, 2017

You might be able to file a motion for dismissal, but I'm not sure on what grounds you would do so. More facts are needed here. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in DUI / DWI and Insurance Defense for New York on

Q: If a Veteran is convicted of DWI & his insurance company comes after him for reimbursement, can they seize assets

He was told by the INSURANCE Company's attorney that he can refuse to pay. My concern is...if he does that, can the insurance company seize assets, i.e. motorcycles, cars, put a lein against a home his name is on?

Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on the facts. Have a lawyer review your case and your insurance agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Car Accidents and DUI / DWI for New York on

Q: Got a dwai in 2015, completed assessment & DDP but my insurance just doubled plus 3 points in April 2016. Why?

Arrested in 2014 for adwi, got dropped to dwai traffic violation. Took DDP course and assessment in 2015. Insurance just recently doubled plus added 3 points april 2016 when I thought that wouldn't happen due to completed request of court and payments up to date. I have certificate of completion.... Read more »

Jonathan Damashek answered on May 6, 2016

The insurance company is just finding out about your violation.

Q: Will I loose my car if I go to court?

Me and my friend both a car together. I put $10,000 money down but we are both on the loan. I am the co-buyer and he is the primary buyer. The title, Registration and Insurance is under my name. Car was just purchased. He said he will call the bank and have them resend the title and registration to... Read more »

Adam Studnicki answered on Nov 13, 2015

This isn't a car accidents question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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1 Answer | Asked in Insurance Defense for New York on

Q: Does selling stand alone indemnification that assumes risk of liability constitute doing an insurance business?

I want to license a photograph with unreleased images of people in it. It is very unlikely that the people who appear in this photo will ever see the photo or initiate a lawsuit based on the lack of release form. If I put in the indemnification provision of the licensing agreement that I will... Read more »

Terrence H Thorgaard answered on Sep 3, 2015

You are giving them a license, of which the indemnification provision is merely a part. Thus no, the license would not be a stand-alone insurance contract.

1 Answer | Asked in Insurance Defense for New York on

Q: My car insurance company stopped paying my medical bills after I went to an exam with their doctor. Can I appeal?

Mark A. Siesel answered on Apr 27, 2011

Under New York's No-Fault provisions of the Insurance Law, you can arbitrate the decision to deny you further medical benefits. However, if you have a personal injury claim or lawsuit arising out of this accident, it is preferable that you wait until the completion of the personal injury case to... Read more »

1 Answer | Asked in Insurance Defense for New York on

Q: Is there a time limitation for filing a no-fault claim in New York State? If so, how much time do I have?

Mark A. Siesel answered on Apr 23, 2011

Under the Insurance Law in New York, a no-fault claim for payment of medical bills and loss earnings suffered in a car accident must be submitted to your own auto insurance company within 30 days of an accident. If this is not done, it is likely that the no-fault claim will not be valid.

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