Car Accident Legal Questions

Your girlfriend should definitely speak with a personal injury lawyer. it may not matter at all that she was not on your insurance. But if she has a herniated disc, she may have a good personal injury claim against the other driver. When she calls the lawyer, she can also ask whether she may be eligible to receive any other type of benefits such as short-term disability, long-term disability, Social Security disability, or any other type of disability benefit. If she wants a free consultation, all she needs to do is ask. Eric A. Shore ... Read More

Insurance companies will lowball you every chance they get. Try telling them that you are going to get an attorney if they are not going to play fair. But between you and me, It may not make sense to get a Lawyer unless you have personal injuries as well. If you were injured, I definitely think you should speak with an attorney. Many of us would be happy to speak with you free of charge. Just ask. Eric A. Shore... Read More

You should have a private phone conversation with an attorney here in the state of Florida about all the facts of your case to determine exactly what you are entitled to both property damage wise and personal injury damage wise. Further, you have a period of only 14 days to seek medical attention after the accident or else you would waive your personal injury protection benefit coverage. Secondly, you should not make any statements to anyone without the presence of your lawyer.     ... Read More

OK so there is no such thing as suing to extend the statue of limitation's. You could file a lawsuit even after the expiration of the time period, but the defendant will interpose the defense that the claim is time barred. Why didn't you get an attorney to represent you? As always, you need to discuss with counsel in your specific jurisdiction regarding matters of civil procedure that may allow you to claim relief from this time period, but it may be a difficult task.... Read More

Yes.  Under New York Vehicle and Traffic Law § 388, every owner of a motor vehicle is responsible for any harm caused by the driver's negligence. https://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-388.html  Report the matter to your insurance company immediately.  It will hire attorneys to defend you and pay any judgment entered against you up to the limits of your insurance. 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

Need to have more facts, which can be obtained through consultation.There is an order of to go through to determine which coverage is responsible. It may be a good idea to consult with a Personal Injury/ Auto Accident Attorney regarding protecting the rights of the 8 year old. There are time limits and requirements, so please do not delay. ... Read More

Sorry to hear what you've been going through.  In New York, in order to bring a personal injury lawsuit arising out of a motor vehicle accident, you need to have sustained a "serious injury" within the meaning of the law.  Even if you haven't sustained a "serious injury", you should still file a claim for No-Fault benefits with your own insurance company so that your medical bills and lost earnings get paid.  Any such claim needs to be filed within 30 days of your accident. 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

Mr. Reyes, sorry to hear what you've been going through.  In New York, you can only bring a personal injury lawsuit arising out of a motor vehicle accident if you've suffered a "serious injury" within the meaning of the law.  The law has various definitions of what constitutes a serious injury.  Sinus issues, without more, might not qualify.  Even assuming your sinus issues constitute a "serious injury", you'd still need to prove through competent medical evidence that they were caused by the motor vehicle accident. 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 to hear what happened to you.  Whether you have a personal injury case depends on whether you suffered a "serious injury" within the meaning of the law.  Best to speak with an experienced personal injury 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 www.kdrpilawyers.com  ... Read More

If the claimant(s) will not accept the policy limits offer to settle, then you will be personally liable for any judgment over the policy limits unless you have other insurance. If you owned your own vehicle that had insurance or are insured under another auto policy, that other policy usually will provide additional or excess policy limits over and above the policy that covered your girlfriend's vehicle that you were driving.  if so, you need to notify the other insurance company of the accident.... Read More

It really depends on what your father's insurance policy says.  Some policies will not cover you if you are not named on the policy; others will.  Best to discuss the matter with your father and let him make the decision.  Keep in mind that failing to report the matter to your insurance carrier could result in a denial of coverage in the event you are sued, either for property damage, personal injury or both. 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

You'll have to wait until after you get an appointment with a specialist.  The DMV wants to make sure that you do not suffer from a medical condition that causes you to suddenly fall asleep (or lose consciousness) at the wheel. 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

It's possible.  Not only will she lose the money it costs to repair or replace her car, her insurance would be liable for your negligence in driving the car with her permissioni, which means that her insurance rates would go up.  If you are going to use the car on a regular basis, it is likely that her insurance would go up.  And, if she doesn't have insurance, or if it doesn't cover all of the damages caused by the accident, it is theoretically possible that she could be held liable for damages you cause if she was  negligent in entrusting you to drive her car (for example if you don't have a license, or habitually get into accidents).... Read More

There are a few different options: 1. A person's driver license can be suspended under the Texas Safety Responsibility Act if the person meets the following criteria: the person was involved in an automobile crash; the investigating officer lists contributing factors that indicate the person was responsible; the person did not have automobile insurance at the time of the crash; and the crash resulted in injury, death, and/or property damage of $1,000 or more. 2. You may also file a claim on your own insurance policy if you had collision coverage and/or uninsured motorist coverage on your policy at the time of the accident. You should always maintain uninsured/underinsured coverage on your own policy for situations like these. In fact, you should automatically have uninsured motorist coverage unless you signed a document saying you do not want that coverage. If you file a claim on your own policy, your insurance company has the option of going after the uninsured driver.  3. You can also sue the driver who ran the red light.  ... Read More

What type of case are you referring to?  The title is leaving the scene of a crash.  It is up to law enforcement and the local prosecutor to determine if they feel that criminal charges are warranted.  You may be a witness to the offense, but it is not up to you whether or not criminal charges are filed.   Best of luck.      ... Read More

You need to retain counsel for representation. Did you at least get his license plate and verify his ID? You still can file suit and get discovery on his insurance but I would not wait to do this. Also seek medical attention within 14 days of the accident to preserve your PIP benefits. ... Read More