New York Car Accident Legal Questions

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168 legal questions have been posted about automobile accidents by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include personal injury, boating accidents, and nursing home litigation. All topics and other states can be accessed in the dropdowns below.
New York Car Accident Questions & Legal Answers - Page 5
Do you have any New York Car Accident questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 168 previously answered New York Car Accident questions.

Recent Legal Answers

Should I contact the person I was in a fender bender with after the accident?

Answered 11 years and 6 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
I would just report it to your insurance carrier and I would not contact the other person involved.
I would just report it to your insurance carrier and I would not contact the other person involved.
Consult an attorney
Consult an attorney

Will my grandfather go to jail for a hit and run accident after his trials are completed?

Answered 11 years and 6 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
It's hard to say what will happen without knowing more facts. If he was suffering from dementia at the time of the accident, I would think that the DA would consider that and possibly offer a plea with only probation.
It's hard to say what will happen without knowing more facts. If he was suffering from dementia at the time of the accident, I would think that the... Read More

Been incar exsedent in 1212 person sue me after 2 years I dont have no assets.Can day go after my children?

Answered 11 years and 10 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Notify your insurance carrier right away. They will assign an attorney for you who will defend you in the case. Do not talk to the plaintiff's attorney. Good luck with it.
Notify your insurance carrier right away. They will assign an attorney for you who will defend you in the case. Do not talk to the plaintiff's... Read More

i was injured by a drunk driver who hit me from behind. If i exhaust my PIP can i claim my additional pip coverage from my other car ?

Answered 11 years and 10 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Out the carrier on notice of the accident. It may be too late but you need to put them on notice.
Out the carrier on notice of the accident. It may be too late but you need to put them on notice.

How do I get money that a judge/jury already awarded me?

Answered 11 years and 10 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Your attorney should do this for you. If they are not doing their job, find a new one.
Your attorney should do this for you. If they are not doing their job, find a new one.

What do I do if my car was stolen fifty eight days ago?

Answered 11 years and 11 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Car Accident
Get a lawyer and sue for breach of contract.
Get a lawyer and sue for breach of contract.

What would happen if I sue my boyfriends' car insurance company ?

Answered 12 years ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
Technically you would be suing him. He would not have any personal liability since he is covered by the insurance unless the amount of damages is above the policy limit. Then in theory   you can go after him for that amount above the policy limit. I would not talk to him about the accident.... Read More
Technically you would be suing him. He would not have any personal liability since he is covered by the insurance unless the amount of damages is... Read More

My car was struck by an armored truck and I had surgery on my right knee and now its in pain. What do i do?

Answered 12 years and a month ago by James Newman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Where do you live?  If you have the police report you need to call my office for appointment. I will sit down with you and explain your rights. The consult does not cost anything.  You seem to have sustained a serious injury and this matter needs to be taken further.  I can help you so please call James Newman... Read More
Where do you live?  If you have the police report you need to call my office for appointment. I will sit down with you and explain your rights.... Read More
You should contact an experienced personal injury lawyer immediately. Jeffrey M. Rich Rich &Rich,P.C.  (212) 406-0440 www.richandrich.com
You should contact an experienced personal injury lawyer immediately. Jeffrey M. Rich Rich &Rich,P.C.  (212) 406-0440 www.richandrich.com

are car insurance settlements pretty much all the same?

Answered 12 years and 3 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
Each case is different. However, the best cases are those in which you have a "serious injury" as defined by the law. 
Each case is different. However, the best cases are those in which you have a "serious injury" as defined by the law. 

Can I fo an out of state deposition

Answered 12 years and 3 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
You need to explain this to your insurance company's lawyer, but be careful- the failure to cooperate can possibly lead to your carrier disclaiming, either in your representation and/or your indemnification. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com  ... Read More
You need to explain this to your insurance company's lawyer, but be careful- the failure to cooperate can possibly lead to your carrier disclaiming,... Read More

drunk driver totalled my car, can i sue him personally?

Answered 12 years and 5 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
Yes. If you sue him, his insurance company will come into the case and represent him. In most cases the settlement is with the insurance company without the driver paying anything.
Yes. If you sue him, his insurance company will come into the case and represent him. In most cases the settlement is with the insurance company... Read More
If you do not cooperate with your insurance company it could lead to various problems. Therefore it is in your interest to cooperate even if you are stressed and inconvenienced
If you do not cooperate with your insurance company it could lead to various problems. Therefore it is in your interest to cooperate even if you are... Read More
The most important thing for you to do is to notify your insurance company of the accident . They will defend you in any lawsuit.
The most important thing for you to do is to notify your insurance company of the accident . They will defend you in any lawsuit.

Would my husband be responsible if his daughter got into a car accident and it wasn't his car?

Answered 12 years and 7 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
The negligence of a child, even a teenager, under most circumstances, cannot be 'transferred' to the shoulders of a parent. That being said, if the daughter is a named insured or possibly even additionally insured under your husband's policy, there is a possibility that the friend will seek any additional insurance available, which may include that of your husband. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
The negligence of a child, even a teenager, under most circumstances, cannot be 'transferred' to the shoulders of a parent. That being said, if the... Read More

Who is liable??

Answered 12 years and 7 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
Your volunteer fire company should be insured for legitimate claims arising out of your public service. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
Your volunteer fire company should be insured for legitimate claims arising out of your public service. Gerry Wendrovsky, Esq.- Upper West Side... Read More

What I need to do next after hitting a boy skateboarding and running on red light

Answered 12 years and 7 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
1. If you don't timely report this to your carrier, then the company would have the right to disclaim coverage based upon same. 2. This question always gets asked, and an attorney can never honestly answer this. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
1. If you don't timely report this to your carrier, then the company would have the right to disclaim coverage based upon same. 2. This question... Read More

car parked behind me is pushed into my car.who is liable?

Answered 12 years and 8 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
Did you notify your carrier? From your comments I assume that you do not have collision. Did you get the police report?  It should list the insurance company of the third car. 
Did you notify your carrier? From your comments I assume that you do not have collision. Did you get the police report?  It should list the... Read More

what am i required to do if an insurance company is coming after me 6 months after an accident i was involved in?

Answered 12 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
If an insurance company, that is the other driver's carrier, is contacting you, then you need to promptly give all the information to your own insurance company. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com
If an insurance company, that is the other driver's carrier, is contacting you, then you need to promptly give all the information to your own... Read More

In small claims court who do I sue for diminished value in NY, owner or insurance company?

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Car Accident
You have no initial right of action as against the insurance company. You will need to sue the driver. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
You have no initial right of action as against the insurance company. You will need to sue the driver. Gerry Wendrovsky, Esq.- Upper West Side... Read More

Is it to late to sue

Answered 12 years and 9 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
You have three years from the date of the accident to sue for negligence
You have three years from the date of the accident to sue for negligence

does the insurance pay for cosmetic after a car accident that she was not at fault

Answered 12 years and 9 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
If you are correct that the other driver was at fault,  since your wife had a serious injury  under the law she can sue the other driver  for damages including pain and suffering,  loss of function and future medical expenses.  It is definitely a situation where you should hire a lawyer. ... Read More
If you are correct that the other driver was at fault,  since your wife had a serious injury  under the law she can sue the other driver... Read More

What kind of lawyer should we hire?

Answered 12 years and 9 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
The type of lawyer is one who represents  defendants in accident  cases.  The insurance company's attorney will represent your sister. The additional  attorney if hired by her,  job  would be  to oversee the work by the insurance company's attorney.  It is not mandatory but is just an option given to the policyholder due to possible exposure above the policy limits.... Read More
The type of lawyer is one who represents  defendants in accident  cases.  The insurance company's attorney will represent your sister.... Read More

How much can I receive for pain and suffering

Answered 12 years and 9 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Car Accident
You have to establish that you suffered  a "serious injury"  as defined in the statute. It is not necessary to establish that you were unable to work. It sounds from your description that although you can work you are unable to do many activities that you were able to do prior to the accident. Also, the fact that you had to have arthroscopic surgery is an indication that you most likely have suffered a "serious injury". Nevertheless, the bottom line here  like most of these cases, a review of the medical records would be necessary to determine whether you would meet the standard.  It is definitely worth pursuing with a lawyer... Read More
You have to establish that you suffered  a "serious injury"  as defined in the statute. It is not necessary to establish that you were... Read More