Car Accident Legal Questions

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

This isnt a drivers license lawsuit. Its  lawsuit for damages against you for the losses someone else suffered in the crash. Seems like no one on the other side is buying the "no permission" story and the other people who were damaged or thier insurance carrier are suing you to force you to prove it. Most likely the will be looking to get you to claim the vehicle was taken without permission, so they can leverage a grand theft auto case against your BF, since you will be essentially testifying under oath that he stole your car to avoid liability. If you had insurance on the car, you need to report the lawsuit being filed to them ASAP. ... Read More

The auto loan documents you recieved the day you purchased the vehicle often contains langauage stating whether you also purchased GAP insurance. GAP insurance is designed to pay-off the auot loan on a totalled vehcile in instances such as these. Search for and review your loan/finance documents to obtain this information and file a GAP claim immediately. If you do not have those documents anymore, return to the dealership where you purchased the vehicle and request a copy containing information upon any GAP insurance. Furthermore, the settlement you recieved from this accident should have required your signing of a written release in order to recieve settlement funds. Review the language of that written release because it should provide insight on whether you are able to continue any legal claims against the at fault driver as these releases often contain terms barring any subsequent claims against the insureds of the insurance company paying out the settlement funds. Hope this helps and best of luck.... Read More

Contact the auto insurance company you had two years ago and report the law suit immeditaely (do not wait). If you had bodily injury coverage and not just necessarily porperty damage coverage (e.g. PIP/PD) alone under your insurance policy two years ago, the contract you signed with the auto insurance company when you obtained the insurance should stipulate that they will provide you with counsel to defend against any legal claims for bodily injury and/or property damage such as these. Also, auto insurance companies require by contract that their insured promptly report accidents as a pre-condition under the insurance contract. Failure to do so two years ago may be a problem. Hope this helps and good luck.... Read More

The fact that you did not have insurance has no legal effect on your claim against the other person or their insurance.  However, there may be some practical effects. If you were injured, I would suggest you contact an Attorney before handling your case with the other insurance company. You can call and get a free consultation with no obligation. You will then know your options and make a decision from there.... Read More

The short answer is that it is "normal" for insurance companies to offer insufficient settlements to unrepresented persons. Your description leads me to believe that you are being pushed into an inadequate settlement, as is unfotunately "normal" in today's world. Please remember that once you accept a settlement you will never receive any additional money from the at-fault person's insurance company. I will briefly elaborate on the apparent issues that arise from your situation. If State Farm is offering that much for a settlement in negotiations without an attorney, there is likely a significantly higher recovery available. Insurance companies are notorious for pushing settlements that seem reasonable or generous to an unrepresented party while, in my experience as well as that of most any attorney I know, assistance of counsel will lead to a significantly increased settlement. Certain insurance companies have a reputation for this type of conduct and for taking unreasonable positions in negotiations.  You should be "made whole" for all the injuries and damages you suffered. It sounds like the settlement offered would not even be half of the economic (financial) damages you suffered. Unless there are facts in play which I am unaware of, I would view the offer you describe as grossly inadequate in a scenario where a client of mine found himself/herself in your situation.  There are a few crucial questions to better inform my analysis. What is the extent of your injuries? It stands to reason that there are/were substantial injuries since over $5,000 for pain and suffering is on the table. Are you still receiving treatment? Remember that you will not receive any additional money if you accept a settlement. This is often an issue when an unwitting peron settles a claim before the full extent of the injuries is known.  Also, when you say that your medical bills are $15,000--does this refer to the amount billied (before insurance) or the amount you are being asked to pay (after insurance)? This is an important distinction and, depending on state law, may have a significant effect on the recovery you are entitled to. Keep in mind that one valuable aspect of legal representation is to not only handle negotiation with the automobile insurance companies, but also to deal with any medical insurance and billing issues that arise.  I recommend you discuss with your wife the status of her claim. That may be instructive of how you should proceed. I am happy to discuss this with you further, should you wish. If not, I wish you best of luck in dealing with this situation and a swift recovery for you and your wife.  Best, Joseph... 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

Contest the ticket in Court. If it is clear they are intent on getting a guilty verdict, a nolo plea should not be admissible at a subsequent trial.  Parts of the Officer's report MAY be admissible, depending on the officers experience and training (i.e. in accident reconstruction).  Most DPS officers are, and local /county less so.... Read More

My best guess is that your attorney for some reason decided to drop your case, perhaps liability or coverage issues.  There are lot of factors that go into an attorneys decision on whether they are going to drop a clients case.   In regards to the $2500 check.  It is most likley your PIP (personal injury protection) coverage that you took out on your auto insurance policy. Most people that have PIP coverage have it in the amount of 2500.  So this is most likely what the 2500 check is from. ... 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

If the accident report is saying that it is not your fault, then you allready have that element in your favor.  Next, if you have suffered any bodily injury as a result of the accident you should seek immediate medical attention for your injuries.  In terms of the property damage, you need to file a claim with the "at fault" drivers insurance.  In terms of being made whole, your insurnace ie the 1st party insurer, can offer to pay your property damages then "subrogate" with the "at fault" parties insurance. Subrogation means that your insurance will front the cost of the repairs to your vechicle then demand to be paid back by the "at fault" drivers insurance. ... Read More

Seek representation. A Personal Injury attorney can investigate this matter and determine all possible responsible parties rather than pursuing on your own. Choose an experienced professional to guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.... Read More

It depends how far you went with this. A Personal Injury attorney can investigate this matter and determine all possible responsible parties. Choose an experienced professional to guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.... Read More