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New York Insurance Defense Questions & Answers
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... View More

Ali Shahrestani,
Ali Shahrestani,
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/... View 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,
Ali Shahrestani,
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... View 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... View More

Jonathan Damashek
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... View More

Adam Studnicki
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...
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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... View More

Terrence H Thorgaard
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
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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... View 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
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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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