New York Car Accident Legal Questions

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 More

  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 More

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 More

Sorry to hear about what happened to your sister's car.  Whether you might have a case against the mechanic really depends on WHY caught fire.  Your sister brought the vehicle in for an oil change and an inspection of the tires, shocks, etc.  If none of these components of the vehicle were involved in the fire then the mechanic would arguably not have any responsibility whatsoever.  You may be better off reporting the incident to your insurance company and see if it will pay for the damage to the vehicle (or, if the damage exceeds the value, money towards a new car).  Otherwise you may want to consider accepting the mechanic's offer.   Hope this helps.   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 More

Sorry to hear you're having to deal with this.  The amount of $ you may be entitled to in property damage has nothing to do with how much money you put into the car but either the market value of the car and/or cost to repair the damage caused by the crash.  The amount you can recover may also be limited by the amount of insurance coverage available.  If you wish to fight this, your'll need an estimate as to how much the repairs are going to cost and should consider hiring an 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 http://kdrpilawyers.com/   ... Read More

It really depends.  Are there other distributees to his estate, e.g. children?  If this was a wrongful death accident there should have been a Compromise Order signed by the Judge (either Supreme Court or Surrogate's Court) which allocates the settlement proceeds among all the distributees.  If you are the sole distributee then you can cash the check like any other check.  Given the sum, however, a bank might not let you cash all of it and instead make you open an account into which you can then deposit the check. Hope this helps. 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 More

If an actual lawsuit was filed on your behalf then you should be able to look up the case in the court's case management system.  Call the clerk's office and see if they can look up the case for you to track down the attorney.  Also, sometimes the funds get deposited into court if they go unclaimed or with the State Comptroller's Office, https://www.osc.state.ny.us/unclaimed-funds     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 More

Call up your insurance company immediately and report the incident.  They will hire attorneys to defend you in the lawsuit and pay any judgment entered against you up to your policy limits.  If your uncle was using your car with your mother's permission then you would be vicariously responsible for any injuries he caused.  On the other hand, if he was truly using the vehicle without anyone's permission and consent then your insurance company will not cover him and youur uncle will be personally on the hook for the plaintiff's damages.  Keep in mind that this may seriously affect your relationship with your uncle.  You may want to have a talk with your mother and uncle to discuss the circumstances in which he was using the car.  If your mother gave him permission then it's unlikely you'll be able to claim he was not using it with your permission and consent.   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 More

Probably not but your attorney should reach out to Medicaid and confirm in writing.  Medicaid typically seeks to recover benefits it paid in connection with someone's lawsuit.  For example, if Medicaid had paid for the treatment you received after the car accident then it would be entitled to recoup those benfits from your settlement proceeds and oftentimes.  In the event Medicaid does seek to recoup benefits it paid on your behalf, it might reduce the amount by a proportionate amount of your attorney's fees (typically one third) 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 More

The benefit of reporting an incident to the police is that it establishes an incident actually took place.  Also, when the police arrive at the scene, they take statements from both parties as to how the incident occurred and document the prevailing roadway / weather conditions.  If you have the driver's information, you should consider filing a Report of Motor Vehicle Accident, https://dmv.ny.gov/forms/mv104.pdf, so that your version of what happened is memorialized; report the incident to the driver's insurance company; and file an application for no-fault insurance benefits with the driver's insurance company, https://www.dfs.ny.gov/system/files/documents/2019/01/nofault_2.pdf.  The longer you wait, the more likely the driver's insurance company will question whether the incident ever happened.   Hope this helps.   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/    ... Read More

I'm assuming your question is in the subject line and not the body of your message.  Generally speaking, your receipt of benefits, whether they are workers' compensation benefits or no-fault benefits, are conditioned on your appearance for a physical examination, sometimes more than once.  Even if your case settles, you still need to appear for this examination.  If you are referring to the liability examination, however, you might not have to appear for the examination if your case has settled.  You should really speak with your attorney about this.  The last thing you want to do is jeopardize your case / continued receipt of benefits by failing to appear for the examination. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

The preliminary / compliance conference order usually sets forth a date by which the defendant is supposed to conduct a physical examination (IME).  If the defendant fails to conduct the examination by such date, technically they've waived it.  The Courts, however, are loathe to enforce this rule, especially if the case is not yet on the trial calendar.  Defendants often get multiple opportunities in which to "comply" with the deadline, especially if there's any discovery outstanding on your part which may have prevented them from conducting the examination, e.g. missing authorizations or medical records, etc.  Only if the case is on the trial calendar, the defendant has failed to designate a physician for a physical examination and more than 20 days have elapsed since the case was placed on the trial calendar (the deadline by which to vacate the Note of Issue) will a "waiver" argument have any chance of prevailing. Hope this helps. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

Yes, they are allowed to do this.  I'm assuming you are the owner of the vehicle and that your boyfriend was driving the vehicle with your permission.  If so, you are responsible for your boyfriend's negligence and any damages / injuries he caused while driving the vehicle.  Given that your insurance company will defend you in any lawsuit brought against you and pay any judgment entered against you (up to the limits of your coverage), you have an interest in cooperating with them. 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 More

You should contact your insurance company and report the incident.  Your insurance company will defend you in any civil litigation and satisfy any judgments that may be obtained against you up the limts of your insurance policy.  It is important that you report the incident to your insurance company immediately.  Failure to report the incident in a timely manner could be deemed a violation of your policy and provide the insurance company with a basis upon which to disclaim / deny coverage. 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 More

You have a legal duty to operate your motor vehicle with reasonable care under existing circumstances.  Although the building is arguably allowing too many people to park in this alley, this does not relieve you from liability if you accidentally hit another car.  if you continue to park there you do so at your own risk.  The safest bed would be to park somewhere else. 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 More

The Release you signed should have held the defendant and insurance carrier harmless for any liens, including any Medicare liens.  Assuming it did, the insurance company had twenty-one (21) days in which to make payment from the date it received the settlement papers.  If the insurance carrier has no basis to withhold the settlement proceeds from you, your attorney can attempt to enter judgment against the defendant.  Such a judgment would include interest from the date the money was due.  Usually the filing of a proposed judgment is enough to get the insurance company to make payment.   Hope this helps. Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

You would sue the owner and driver of the offending vehicle (not just the driver) for the full amount of your property damage, not just the amount being offered. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

You should really have a candid discussion with your attorney about why he is not recommending settlement.  Usually it's the other way around: the attorney recommends the settlement and the client refuses to accept.  If, after such a discussion, he refuses to abide by your wishes, you could always discharge your attorney and settle the case on your own.  Keep in mind that your attorney would arguably still be entitled to a fee on the settlement amount. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

If the incident caused more than $1,000 in property damage, your aunt would have been required to file an accident report (MV-104).  If she fails to report the incident, her driver's license could be suspended.  https://statelaws.findlaw.com/new-york-law/new-york-car-accident-reporting-basics.html https://dmv.ny.gov/tickets/suspensions-and-revocations 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 More

Yes, you may still go to the insurance company and file a claim.  Keep in mind that the insurance company may dispute the claim for not being timely filed.  Hopefully you have some documentation to substantiate that the incident occurred with the person who you claim hit it.   Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

If there is a claim you wish to make against a municipality for failing to properly maintain the stop sign, you must file a Notice of Claim prior to commencing any lawsuit. Please be aware that the time period for filing a Notice of Claim is very brief so you must act quickly. The Notice of Claim requirements are very technical and specific and must contain very specific information about the incident, claim, and nature of injuries. ... Read More

You can certainly file a claim for Supplemental Underinsured Motorist (SUM) benefits with your own policy provided you have more insurance than the car that hit you.  For example, if the car that hit you has a $25,000 policy (the minimum policy in New York) and you have $100,000 in underinsurance motorist benefits, you could file a SUM claim for the difference ($100,000 - $25,000 = $75,000).  An experienced personal injury attorney can help you file an SUM claim since there's no obligation on the part of your own insurance company to pay you all the available SUM benefits.  You can find one in the Lawyers.com search bar.... Read More

You can search for a qualified personal injury attorney in the Lawyers.com search bar.  It sounds like your son will have to file a claim with either your own insurance company (an uninsured motorist claim) or the Motor Vehicle Accident Indemnification Corporation (MVAIC) (if you do not have automobile insurance).... Read More