New York Car Accident Legal Questions

From the topic area, it appears that you are talking about a situation where you were injured in a automobile accident. The defendant's policy limits is only important as to how much you can recover from the defendant's insurance carrier. It is not a limitation as to how much you can sue for or recover. In the situation where you would recover damages in an amount above the policy limits, the defendant would be personally liable for any amount above the policy limits.... Read More

You should have signed a retainer agreement when you retained the attorney. The customary agreement has the same percentage recovery whether the  case is settled before or during trial or as a result of a verdict in your favor. As to percentage that attorney receives it is usually one third. ... Read More

Hopefully you and/or your daughter advised your insurance company of the accident at the time it occurred and are on notice of this claim.  If not, there could be an issue raised as to the timeliness of your notice to them. You need to immediately contact the insurance company who provided insurance for the vehicle involved in the accident at the time of the accident and, if your daughter had separate insurance at that time, her insurance company also needs to be immediately contacted. You will need to send them a copy of the lawsuit papers served on you by certified mail, return receipt requested, so that you have proof of receipt.  You should also advise them as to how you and your daughter were served with the papers.  The insurance company should appoint an attorney to defend both you and your daughter in the lawsuit. If you and your daughter were personally served with the suit papers, you will have 20 days within which to serve an answer.  If you were not served personally, you and your daughter will have 30 days in which to serve an answer.  In either instance, an extension can be requested from the attorney representing your daughter's friend.  If your insurance company has not responded to your communication before the deadline we would suggest that you contact your family attorney to assist you in obtaining an extension of time so you can pursue a defense from the insurance company.   ... Read More

The chances the hit and run driver will be found are minimal.  You husband may be able to be compensated for his injuries under certain coverages of your own automobile insurance policy.  There should be a coverage which could pay for his medical bills call Personal Injury Protection (PIP) or Medical payments Coverage.  Their may also be coverage called Uninsured Motorist coverage which would compensate him for his pain and suffering and other losses caused by the accident.  We would be happy to review your policy and provide assistance.  My name is Darryl Kogan, my firm is Kogan & DiSalvo, and we can be reached at 800-707-9111.... Read More

In NY the owner is usually responsible for the actions of the driver when the driver is driving with his permission.  However, a valet assumes legal responsibility for the use and operation of the car when it's in their care and custody so they are responsible. You need to make a claim against the driver of your car and his employer the valet co.  Jeffrey M. Rich, Esq. www.richandrich.com. ... Read More