New York Car Accident Legal Questions

Sounds like you might have a property damage claim against Pep Boys.  Given the limited amount of damages, however, you might have a hard time finding an attorney interested in representing you.  If that turns out to be the case, your best bet might be file a claim in small claims court (assuming your repair agreement with Pep Boys did not contain an arbitration clause).  Keep in mind that you are only allowed to recover up to $5,000 in small claims court.... Read More

Your mother should call up her insurance company and tell them she received the letter.  Likewise, if she receives a Summons and Complaint, she should forward it to her insurance carrier immediately.  If and when your mother speaks with them, she should identify you as a witness.  The insurance company will likely want to take a statement from you as to what happened.... Read More

Your insurance carrier will assign an attorney / law firm to defend you and answer the Summons and Complaint on behalf.  If you haven't heard from them before your time in which to answer the Summons and Complaint has expired (usually 30 days) then you should consider calling your insurance to make sure it hasn't fallen through the cracks.... Read More

There is no reason you can't hire an attorney to represent you. If you are in pain you should be in treatment. If are in enough pain to require treatment for 90 of the first 180 days after the accident, that is proof of a serious injury, regardless of the existence of scans or x-rays.  Ideally an MRI should be performed before a course of treatment is prescribed, but given that you're pregnant no doctor would insist or refuse to give you a modified course of treatment to relieve your pain. Shop around for an orthopedist who can safely address your pain through your pregnancy (maybe your obstetrician can recommend one), and once you're in the course of treatment it will be easier to find a lawyer to take your case. You shouldn't have to wait 7 months. ... Read More

First, make that careless boyfriend of yours buy you a new car. Then dump him. (Just  kidding). Seriously though, I hope he's paying all your out-of-pocket expenses, including the damage to the neighbor's yard. At the very least. There's no way you should be paying for any of this. Be persistent with your insurance company about your auto damage claim. Make sure you get the claims rep everything they need. You may need to sue your insurance company to pay for the auto damage. It's ridiculous, since that's why you pay your collision premiums, but often necessary. I hope the bf was on your policy because if not, that could be an issue.  Also, brace yourself. You may be sued if the other driver decides he or she is injured and gets a lawyer. This is just because you're the car owner.  It will be an inconvenience, but nothing more. ... Read More

Need much more information to answer your questions. First of all, when did the accident occur, and do you have a lawyer? If the accident happened less than 3 years ago and you do NOT have a lawyer, you need to retain one immediately. It may be possible to obtain money beyond the policy limits but it can be complicated, depending upon who's being sued, and the limits. If a person is "underinsured" there is a mechanism for obtaining more money even if they have none. If you DO have a lawyer that person should be answering these questions. ... Read More

First of all, I am very sorry for your loss. And yes- before you send any information or respond to the request you received, you should definitely have an attorney review the documents and advise you of your obligations (if any), your options, and the next steps you can take. It sounds like your son was already a plaintiff or had a counterclaim in an accident lawsuit, based on the kind of documents being requested. If he was, and his death was connected to the accident, his lawyers should have added a wrongful death claim when he died. There is a two year statute of limitations that runs from the time of death to do so- so time is running out, if it was not already done.  You don't mention if you were already appointed administrator of your son's estate. When a person is a plaintiff in a lawsuit and dies, the lawsuit can continue once a legal representative is appointed for his estate. That would be you. This can usually be done fairly quickly in these cases, if you have a lawyer who knows what they're doing. Sadly, there are accident attorneys who have no idea what to do if their client, the injured person, dies. If the paperwork was from from the people your son was suing, it should have been sent to your son's attorneys, not you. But if it was from the attorney who represented your son before he died, there should be a cover letter that says so- and they should have called you, as well. If they did not do that, that is very disturbing on many levels.  Whether or not you were appointed administrator, if this lawsuit is unconnected with your son's death, or it is, but you have no wish to continue it- that is your decision, and you do not owe anything to anyone. Your son died intestate, and, as you know, you are not responsible for his debts- or obliged to continue his lawsuits.    ... Read More

You pay your car payments, and your car insurance...but did you pay the mechanic's bill in full?  If the answer is "no", the mechanic has the right to keep your car. Even if you dispute the bill, pay it in full, take the car to another shop for an inspection (or to finish the repairs if they weren't finished) and if it turns out you overpayed because of bad work, incomplete work or just pure overcharge, you can sue to get the money back, if you have a mechanic who's willing to come to court and testify for you.  If by some chance that $2000 covered all the work they've done to date, go and get your car immediately, and if it needs more work bring it to another mechanic. And do it fast. A garage can charge you storage fees for if your car is there because you haven't paid the bill.  ... Read More

You must report your accident to your own insurance company.  If you were injured, and you have uninsured motorist protection, you can make a claim aginst your own insurance company under that policy.  You also need to find out what type of protection you have for property damage.  Feel free to call me at 212 385 8000 - Sara Diretor, Esq.... Read More

You must look at your insurance policy.  Not every auto insurance policy includes collision insurance coverage.  As a matter of fact, while everyone must have liability insurance, most people don't buy collision insurance if the value of their old car is low.  I hope that this helps.  Michael Barasch Barasch & McGarry 212-385-8000... Read More

Every court has its own rules, but generally there are "Statndards and Goals" that mandate that a case must be resolved within a particular time.  Judges are under pressure to make sure that negligence cases are tried or settled by a specific date. I hope that this helps. Michael Barasch Barasch &McGarry 212-385-8000  ... Read More

Yes. You can file suit against the owner and operator of the vehicle responsible for causing a collision, even if the insurance is only $25,000. However, the insurance company may be willing to settle the claim without a lawsuit if the damages exceed the available coverage. Also, please take a look at your own auto policy to see if you had underinsurance coverage. This type of coverage applies in precisely this type of situation where the offending vehicle had inadequate coverage. If you had the coverage but it was only for $25,000, you will be unable to collect additional money from your own insurance company. But if your bodily injury coverage is greater than $25,000 AND your underinsurance coverage is greater than $25,000, then you may be able to collect up to the amount of underinsurance limits minus $25,000 (the amount of coverage of the offending vehicle). Also, you can only recover under the underinsurance provision of your own policy if you first get the offending vehicle's insurance company to offer its full $25,000, and you must obtain your own carrier's consent to settle with the offending vehicle's carrier. Good luck and please feel free to contact me if you have any questions. Barry Salzman - 212 385-8000.   ... Read More

Personal injury cases can take years to settle. Try emailing your attorney and see if they will advise you of the progress of your case. It's not out of the norm for a case filed in 2012 to still be open. If you feel your attorney is not giving you and your case the attention it deserves you can always consult with another attorney. Best of luck.... Read More

You signed a CDW and opted to not pay for coverage through the rental agency's insurance coverage. You are responsible for the damage to the auto you hit from behind. If you have auto insurance you can call them and inquire as to if your auto policy covers you when operating a rented vehicle. Ask the other driver for a record of all expenses related to repairing the damage to their vehicle and provide it to your insurance carrier. ... Read More

Contact your auto insurance company. They should provide an attorney to defend you. If you have a copy of the police report get it to your insurance company with any other documentation you have including the name and contact information of the officer who witnessed the incident. Continue to seek medical help if necessary. You can also ask the attorney handling your personal injury claim to answer any questions you may have. ... Read More

Good morning and Happy thanksgiving.  Regarding your auto accident, the first thing that you need to do is report the accident to your own insurance Company and request a No-Fault Ins application. That must be done within 30 days  You can sue the car owner and driver who hit you if it turns out that you have sustained a "serious injury"    Please call me on Monday and I will be happy to discuss the definition of "serious injury"    Hope you feel better, mike Barasch Barasch & McGarry 212-385-8000         ... Read More

You've asked some very good questions.  First, your lawyer has no right to sellte your case without your prior consent.  If the defendant had a limited $100,000 auto liability insurance policy, that's the most that you can get from him.   Based on thein serious injuries you describe, you are right to think that your case should be worth much more than $100,000;  however, the only way  to get more is to do an asset check to see if the defendant owns anything worth going after.  Lastly, if you carried signficant Supplemental Uninsured Motorist (SUM) insurance coverage, you can get more from your own insurance company.  But, you should know that you can not settle against the defendant's insurance company (for the $100,000 offer) without the prior consent of your SUM carrier. Please feel free to email other questions directly at michael@baraschmcgarry.com Michael Barasch  ... Read More