Car Accident Legal Questions

Mr. Gleason, if you were served papers you should immediately contact 1) the independent company for whom you were driving the bus; and 2) the insurance carrier for the bus you were driving.  The insurance company will assign attorneys to defend you and pay any judgment entered against him up to the limits of the policy.  Time is of the essence as you typically have 20-30 days in which to respond to a Summons after it's been served on you (20 if personal service, 30 if by mail).   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

Paying the fine will not prevent you from getting points on your license.  Moreover, if you plead guilty to not yielding to a pedestrianin a crosswalk, your plea will be binding in any personal injury lawsuit that the woman you struck might bring later on.  Finally, your insurance company is under no obligation to defend you for a traffic violation.  You'd need to hire a traffic attorney for such a matter.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

There are potentially other issues of concern if your case case has value in excess of those policy limits where there may be other potential defendants and carriers available. There is no way to know this based upon your query. It would be wise to seek a full review of this matter to make sure all issues have been covered properly, ec, etc.  There are time limits, requirenents and Statutes of Limitaion and Repose which may apply and could barr any additional recovery as wellas and in addition to your Release.... Read Answer

Its not your money essentially, as your father is your legal guardian and controls it. For the same reason as he was obligated to pay for the medical insurance and medical care you recieved and didn't pay for. Unless this amount was over $5,000.00 where court approval was required, or unless that money is still in an account if you are an adult, there is no issue here. ... Read Answer

The answer on property damage would depend upon the provisions in your lease.  However, if you have been injured due to another's negligence from this high property damage accident, you have a potential case against the driver and owner of the vehicle and possible UM/UIM if such coverage is available to you.   A Personal Injury attorney can investigate this matter and determine all possible responsible parties and insurance coverages including any available 1st party coverage rather than pursuing on your own. Choose an experienced professional to guide and advise you and evaluate your claim if injured. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read Answer

  From what you described it sounds like you are getting sued.  Contact your insurance company immediately and let them know that you received a summons.  Your insurance company will assign an attorney to defend you and pay any judgment entered against you up to the limits of your insurance policy.  Keep in mind that you only have twenty (20) days in which to answer a summons personally served upon you so contact your insurance company ASAP or you risk having a default judgment entered against you.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

So if you have insurance coverage on the vehicle that was in place at the time of the accident, then you already should have free legal counsel that will represent you, and not only represent you would pay any judgment that is obtained against you. So you need to call your automobile insurance carrier that insured your semi truck.... Read Answer

Be advised, that if you were convicted of a DUI, then you are at risk of being hit with punitive damages. If you have money, hire a civil defense attorney by the hour to assist you.  You need to protect your assets. If you have no assets, it is unlikely that they will be able to collect anything from you.  In that event, contact a bankruptcy attorney to discuss your options.  Best of luck... Read Answer

Are you are making a bodily injury claim for your son against the driver's insurance?  If so, I would not give them any additional statements.  You are under no obligation to do so and do not have a duty to cooperate with them.  Hire an attorney to help your son.  Best of luck.... Read Answer

They are entitled to deny liability just as you are entitled to sue the other driver to prove otherwise. Whether its worth the effort depends on the value at issue. If no one was injured, it becomes very difficult to get lawyers to look at such a case unless you are paying an hourly rate. If thats your desire, you need to retain a lawyer ASAP. ... Read Answer

Absolutely not. Under Rule 1.2(a) of the Rules of Professional Conduct set out by the American Bar Association, which every attorney is bound by, "[a] lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation", but "[a] lawyer shall abide by a client's decision whether to settle a matter." The decision to accept or reject a settlement is solely the decision of the client. The attorney must convey all settlement offers to the client and, if the client expressly authorizes the attorney, they may accept a specific amount for the client, but the decision is the client's. Now something else to consider, if the accident occurred on November 21, 2019, under Louisiana law a lawsuit for tortious injuries must be filed within one year of the accident or injury to preserve the injured party's right to recover. So, if the suit has not yet been filed, it should be filed as soon as possible. If the suit is not timely filed, the right to recover damages will be lost. Could it be that your attorney is calling to have you sign a verification of a petition to be filed?... Read Answer

If you were hurt you need to retain a laywer to see if there is any other avenue for insurance, such as your comp/collision, or an employer if he was in the course of business,  or Uninsured Motorist if you were hurt. If there truly are none, absent you bearing the expense to sue him personally, you are simply stuck. ... Read Answer

That this occurred as you were following another vehicle simply adds to the problems in such a case. Your best bet is to have your insurance coverage fix the damage. If they are offering $250.00 on a $700.00 repair its simply not a legally viable case. You might ask to check any exit video they maight have to show what happened if you thnk that will help. ... Read Answer

I recommend that you keep insurance on the vehicle for as long as you are the owner of the vehicle.  Under Florida law, the owner of a vehicle is responsible for any damages caused by the driver of the vehicle.  So, as long as you own the vehicle, you are legally responsible for the vehicle.  You should consult a divorce attorney asap to see if the vehicle can be returned to you or, in the alternative, title transferred to your husband as part of a divorce settlement.... Read Answer

If your son and/or grand-daughter don't have an attorney, they should get one.  The hospital should not be getting paid directly from the insurance company.  The money should be paid toward their claim, and then an attorney will negotiate with CHIP on their right of reimbursement.  Otherwise, the injured parties have no control over how the money is distributed.... Read Answer

Mr. Libutti, hard to say.  The law in New York states that you have a right to have a representative present during a physical examination by a doctor (at least in the context of a civil lawsuit) and provided the representative does not interfere with the examination.  Hence the reason why a lot of firms use agencies such as IME Watchdog and IME Companions to have someone accompany their clients to IMEs.  Courts tend to frown on video recording examinations unless there absent a showing of special circumstances.  The rules are a bit different for no-fault examinations such as yours as they are governed by an insurance contract, not the civil practice law & rules (CPLR).  That said, you'd probably have to look at your insurance contract to see if there's any prohibition against recording your examination.  Keep in mind that a doctor may very well refuse to examine you if he or she knows they are being recorded.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer