Car Accident Legal Questions

Even though you did not have insurance, if the other driver was at fault, you should be able to recover for your injuries and damages from the other driver's insurance.  I would suggest you contact a lawyer to further discuss this.  The first consultation is always free.  Good luck!  ... Read More

You have the right to switch attorneys if you are not happy with your current situation. Your claim value depends on several factors, and not enough information is presented for an attorney to tell you what your claim is worth.  Factors include but are not limited to the amount of medical bills for you and your son, the county the claim is filed in, your extent of injuries and medical treatment, and medical opinions regarding future medical care needed.... Read More

The answer to your first question is that you have already been sued, so you should figure out how to answer the lawsuit if you do not plan to get an attorney. The answer to your second question is that you should contact the insurance company you had at the time fo the accident. Ask the insurance company if they will provide an attorney in the lawsuit.... Read More

There are many resources for help during this time. Search the government sites on the internet to find out how to get unemployment and other aid. Be sure you are on an official site and watch out for scams. If you are unsure about a site, do not enter any personal information. The federal government will be sending out assistance checks soon. Watch the local news to get information on other forms of assistance available.... Read More

Medicare and Medicaid are allowed a subrogation lien on any settlement proceeds relating to the injury that they paid benefits on your behalf. This is a super lien meaning that the attorney handling the case will be personally liable if he doesn't protect the Medicare lien. However if your Medicare treatment did not relate in any way to your accident case then there should be no lien. Discuss in detail with your attorney who is handling your case. If you are not represented then you should seek representation immediately. ... 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

Sorry but they won't let you have it both ways. If you want to claim he stole the car to avoid personal liability they will require you act accordingly. Otherwise, they are wise to the "he took it without permission" (stole it) excuse to avoin injury and insuance claims issues and then balking and criminal prosecution because of collusion issues. You are never well served to play games with insurance carriers especially making agreements and claiming crissed fingers. ... 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

In this case, the appropriate county is the county where the at-fault driver resides. The address for the at-fault driver is listed on the police report. You can file in municipal court, but the maximum amount you can recover there is only $15,000. Therefore, you should file in either state court or superior court. Once you file suit, you must serve the at-fault driver with a summons and a copy of the complaint - either with a county sheriff or a private process server. ... Read More