New York Car Accident Legal Questions

Sorry to hear what happened to you. If the other vehicle's insurance carrier is not accepting liability, your only real alternative is to file a lawsuit against the other driver for property damage. Depending on how much in damages you're seeking, you might be able to file suit in Small Claims Court. Take photographs of your vehicle and keep copies of any repair estimates, along with the dashcam footage. Unfortunately, given the amount at stake, you might have a hard time finding a lawyer interested in taking on your case. You can certainly find many excellent lawyers using the Find a Lawyer tab on the Lawyers.com homepage.... Read Answer

Sorry to hear what happened to you. Apart from contacting your insurance, you might want to contact the utility company (or perhaps the town) and let them know that the utility line is down so that other motorists do not hit it. You might also want to ask the utility company if it would be willing to pay for your property damage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

Sorry to hear what happened to your vehicle.  Under New York General Obligations Law § 3-112, parents are responsible for the intentional acts of their children who are over the age of 10 and which result in property damage. New York Consolidated Laws, General Obligations Law - GOB § 3-112 | FindLaw  Parental Responsibility Laws in New York | Nolo Where the property damage was not caused intentionally, however, the parents are not responsible.  That said, a responsible neighbor should offer to pay for the damage, regardless of whether the law compels them to do so. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

If you had insurance at the time of the incident, you should report the matter to your insurance company.  It will investigate the matter, hire an attorney to defend you, and pay any judgment obtained against you up to the limits of your liability insurance.  If you do not have insurance, you will need to hire a private attorney.  You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

Hi Edwin. If you have a video -and hopefully a license plate or other identifying information for fire truck number- and there was property damage or you were injured- you have a case. An experienced personal injury attorney (such as myself, with over 20 years in practice) will know just how to go about getting your case started. Even if you haven't been to a doctor yet, it's not too late to get yourself checked out and you should do so immediately. Head neck & back injuries sometimes don't start to cause real pain until weeks after an accident. Treating them immediately and steadily is crucial to your health and to building a case. With the FDNY at fault, if you're injured this case is potentially worth a great deal of money.  ... Read Answer

Sorry to hear what happened to you.  You have a right to discharge your lawyer at any time.  My office regularly handles pedestrian knockdowns / motor vehicle crashes.  Would be happy to speak with you about your case.  Feel free to call me at 212-226-6662.  You can also find many excellent personal injury lawyers using the search tool on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

If you are not willing to pay the deductible to have your own insurance carrier cover the damage and the other driver's insurance will not cover the damages in full, your only option would be to sue the other driver (either for the full amount or for your deductible if you get your vehicle repaired first)  Keep in mind that if the other driver's insurance will not cover the damages in full, winning a lawsuit against the other driver might leave you with nothing more than a paper judgment (as you'll be left trying to collect against the defendant).  In the end it might be easier to pay the deductible and then sue the other driver in small claims court to recoup your deductible. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com    ... Read Answer

Sorry to hear what happened to you.  In New York, the other driver (and his insurance carrier) would be responsible for the fair market value of your vehicle (or the cost to repair the damage), whichever was less.  With regard to recoveing consequential damages, that gets trickier.  Certainly you would be entitled to the cost of having to temporarily rent a car.  Once you get compensated for the cost of your vehicle, however, you'd arguably have no basis to remain out of work as you could purchase a replacement vehicle (or drive your repaired vehicle).  And depending on the wording of the other driver's insurance policy, it might not even cover any such damages (which means even if you won a lawsuit against the other driver, his insurance carrier would not be required to pay the judgment if you won).   Unfortunately, as you've probbably experienced already, most attorneys are not interested in taking on property damage claims of this nature or for this amount.  You can try your local bar association's legal referral service or attorney directories such as AVVO, Justia or Martindale.  Keep in mind that the jurisdictional limits of small claims court in New York is only $10,000.  If your damages exceed that threshold you'll need to bring your lawsuit in civil court. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Yes.  Under New York Vehicle and Traffic Law § 388, every owner of a motor vehicle is responsible for any harm caused by the driver's negligence. https://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-388.html  Report the matter to your insurance company immediately.  It will hire attorneys to defend you and pay any judgment entered against you up to the limits of your insurance. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Sorry to hear what you've been going through.  In New York, in order to bring a personal injury lawsuit arising out of a motor vehicle accident, you need to have sustained a "serious injury" within the meaning of the law.  Even if you haven't sustained a "serious injury", you should still file a claim for No-Fault benefits with your own insurance company so that your medical bills and lost earnings get paid.  Any such claim needs to be filed within 30 days of your accident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com   ... Read Answer

Mr. Reyes, sorry to hear what you've been going through.  In New York, you can only bring a personal injury lawsuit arising out of a motor vehicle accident if you've suffered a "serious injury" within the meaning of the law.  The law has various definitions of what constitutes a serious injury.  Sinus issues, without more, might not qualify.  Even assuming your sinus issues constitute a "serious injury", you'd still need to prove through competent medical evidence that they were caused by the motor vehicle accident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Sorry to hear what happened to you.  Whether you have a personal injury case depends on whether you suffered a "serious injury" within the meaning of the law.  Best to speak with an experienced personal injury attorney.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com  ... Read Answer

It really depends on what your father's insurance policy says.  Some policies will not cover you if you are not named on the policy; others will.  Best to discuss the matter with your father and let him make the decision.  Keep in mind that failing to report the matter to your insurance carrier could result in a denial of coverage in the event you are sued, either for property damage, personal injury or both. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

You'll have to wait until after you get an appointment with a specialist.  The DMV wants to make sure that you do not suffer from a medical condition that causes you to suddenly fall asleep (or lose consciousness) at the wheel. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com  ... Read Answer

Sorry to hear what happened to your fiancé.  If the cab company owned the vehicle she was driving at the time of the incident it might be vicariously responsible for the other passenger's injuries.  Of course, if the cab company did not carry insurance that might not make a difference.  Also, if the cab company is in the business of renting or leasing motor vehicles it might not have any responsibility under the Graves Amendment, a law passed years ago by Congress which curtailed the liability of rental car companies and which has been applied to cab companies.  Your fiancé might want to advise the attorneys for the passenger that she has no insurance.  Most attorneys do not want to chase after someone's personal assets and would choose to file a claim with MVAIC.  Finally, generally speaking, a public defender only helps someone who cannot afford a criminal defense attorney, not a civil defense attorney. 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

Mr. Cosselmon, so sorry to hear what you went through.  Unfortunately, the statute of limitations on personal injury lawsuits in New York is only three (3) years, which means you had until 1988 in which to bring a lawsuit. 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

No need to worry - the statute of limitations for personal injury lawsuits in New York is three (3) years from the date of incident.  Which means you have until October 2022 by which to file a lawsuit.  Best to speak with an experiened personal injury attorney - you do not want to represent yourself in any such lawsuit.  The insurance company will never take your case seriously without one. 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

Ms. Draudt, if by "being charged with a personal injury ticket" you mean you received a Summons and Complaint from an attorney, then you should report the matter immediately to your insurance company.  Your insurance company will assign attorneys to defend you and pay any judgment entered against you up to the limits of your policy.  If you received a summons / ticket from the police, on the other hand, you will have to hire an attorney on your own to defend against the charges.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. 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

Sorry to hear what happened to your husband.  Yes, you can certainly sue the other driver for your husband's injuries.  Keep in mind that in order for your husband's medical bills to get paid, regardless of fault, you need to file an application for no-fault insurance benefits within 30 days of the incident with your own insurance company.  And do not try to handle this matter by yourself - you'll never get a fair offer from the other driver's insurance company.  Hire a lawyer.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. 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

Ms. Gonzalez, under New York Domestic Relations Law, compensation for personal injuries are deemed to be the separate property of the injured spouse.  As such, settlements to compensate the injured party, as well as compensation for pain and suffering, are deemed to be the injured party's separate property, not marital property.  Here's an article I found online which you might find helpful.   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

Eileen, sorry to hear what happened to you.  Althogh it's possible to bring a case against the owner of the roadway on a negligent design theory (e.g., that poor design caused the road to become icy on a frequent and recurring basis, etc.), such cases are extremely difficult to win and usually only make sense brining when there have been catastrophic injuries given their time and expense.  You can, however, file a claim for no-fault inusrance benefits with your insurance company so that your medical bills get paid, your lost wages reimbursed, etc.  Keep in mind that an application for no-fault benefits needs to be filed within 30 days of the incident.   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

Sorry to hear what happened to your car.  From what you described there are two potential parties at fault: the driver of the vehicle who crashed into your driveway; and, if applicable, whomever caused or contributed to the person's intoxication (such as a bar if he was served while visibly intoxicated).  If you have not already, you should report the incident to the police and press charges against the drunk driver.   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

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