Car Accident Legal Questions

Hello. The questionnaire and affidavit are standard documents a plaintiff's lawyer will commonly request be completed by an at fault party to an accident. Although an at fault party(ies) cannot be compelled to complete this questionaire and affidavit without a court order, I would highly reccomend you consult with an attorney should you decided to fill out and submit those. There are no consequences to refusing to complete and submit the questionnaire and affidvit at this point in time. Since you stated that you have $25K/$50K of insurance coverage, your auto insurance company under terms of the insurance contract with you and/or your son is obligated to legally represent you and/or your son in court to defend the case should it proceed to litigation.     ... Read More

You have a legal duty to operate your motor vehicle with reasonable care under existing circumstances.  Although the building is arguably allowing too many people to park in this alley, this does not relieve you from liability if you accidentally hit another car.  if you continue to park there you do so at your own risk.  The safest bed would be to park somewhere else. 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

The Release you signed should have held the defendant and insurance carrier harmless for any liens, including any Medicare liens.  Assuming it did, the insurance company had twenty-one (21) days in which to make payment from the date it received the settlement papers.  If the insurance carrier has no basis to withhold the settlement proceeds from you, your attorney can attempt to enter judgment against the defendant.  Such a judgment would include interest from the date the money was due.  Usually the filing of a proposed judgment is enough to get the insurance company to make payment.   Hope this helps. Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

Do you have any paperwork related to your settlement?  If you were a minor the court would have likely entered an order and the order would have included instructions for your share to be placed in trust for you.   The attorney who handled the case should certainly help  you and you should go back to that attorney. Tell them if they do not help you, your next phone call will be to the local bar association to report him or her and make a claim as to a fee dispute.  If you have a basis, the employees of the bar association will help you from here.   Best of luck to you.... Read More

The answer to your question is yes. The garage shop can be responsible if it failed to take appropirate actions to prevent an employee from driving customer cars.  Were employees specifically instructed about this?  Were the car keys kept in a secure place?  Because someone was killed, there may very well be a lawsuit.... Read More

You would sue the owner and driver of the offending vehicle (not just the driver) for the full amount of your property damage, not just the amount being offered. 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

You should really have a candid discussion with your attorney about why he is not recommending settlement.  Usually it's the other way around: the attorney recommends the settlement and the client refuses to accept.  If, after such a discussion, he refuses to abide by your wishes, you could always discharge your attorney and settle the case on your own.  Keep in mind that your attorney would arguably still be entitled to a fee on the settlement amount. 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

If the incident caused more than $1,000 in property damage, your aunt would have been required to file an accident report (MV-104).  If she fails to report the incident, her driver's license could be suspended.  https://statelaws.findlaw.com/new-york-law/new-york-car-accident-reporting-basics.html https://dmv.ny.gov/tickets/suspensions-and-revocations 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

Yes, you may still go to the insurance company and file a claim.  Keep in mind that the insurance company may dispute the claim for not being timely filed.  Hopefully you have some documentation to substantiate that the incident occurred with the person who you claim hit it.   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

More facts are needed.  I would suggest you meet with an attorney to discuss.  Most attorneys will offer a free intial consult.  Make sure you take the letter from the information regarding the potential lawsuit, the denial from your insurance and your policy info.  Do so asap as if a lawsuit has been filed you have a limited time to answer. ... Read More

The retainer agreement you signed dictates the attorneys fees! However, depending on how much the work the lawyer did, like how many calls he made to get the policy limit, presumably, and so on, his fee's can always be negotiated. More importantly, if your claim is worth more than $15k, why don't you pursue an under-insured claim against your own carrier, assuming that you have that type of coverage! Another words, if you have 100/300 of under-insured coverage on your own policy, then you can recover $85k if you claim is worth $100k.(offset for the intitial $15) The lawyer you have handling your case should discuss the value of the case with you, before settling the underlying 3rd partty claim. If your case is worth more than $15, then his fee's may be resonable since he has alot more work to do in pursuing the rest of the money.   Alot more questions have to asked before the fees can be discussed. But in the finall analysis, evevrything is negotiable!    ... Read More