Car Accident Legal Questions

You are not a "witness" - you are a defendant and you know darn well you recall the crash, as you were in it, short of some impairment issues. This sounds like a UM claim and there is an issue here where you are likely to be sued by the other persons insurance company in "subrogation".  You need to hire a civil trial lawyer to address this ASAP. ... Read More

Yes in small claims in the County where the accidetn happened.  However, before you do siply report the accident and damage to your friend's auto insurer as they may just voluntarily pay for the damage/repair.  If not make sure to name the friend and the auto insurer in your small claims lawsuit.  good luck.... Read More

It's not clear what or who damaged your vehicle but you may want to try several options such as an insurance claim against your auto coverage or against a homeowners policy at the location where the damage occurred. 🤔... in the alternative you can call your small claims court in the county or municipality where the incident occurred... you can also call the UNM law school clinic for representation if you can't afford an attorney! Best wishes ... Read More

Ms. Gonzalez, under New York Domestic Relations Law, compensation for personal injuries are deemed to be the separate property of the injured spouse.  As such, settlements to compensate the injured party, as well as compensation for pain and suffering, are deemed to be the injured party's separate property, not marital property.  Here's an article I found online which you might find helpful.   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

Eileen, sorry to hear what happened to you.  Althogh it's possible to bring a case against the owner of the roadway on a negligent design theory (e.g., that poor design caused the road to become icy on a frequent and recurring basis, etc.), such cases are extremely difficult to win and usually only make sense brining when there have been catastrophic injuries given their time and expense.  You can, however, file a claim for no-fault inusrance benefits with your insurance company so that your medical bills get paid, your lost wages reimbursed, etc.  Keep in mind that an application for no-fault benefits needs to be filed within 30 days of the incident.   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

Sorry to hear what happened to your car.  From what you described there are two potential parties at fault: the driver of the vehicle who crashed into your driveway; and, if applicable, whomever caused or contributed to the person's intoxication (such as a bar if he was served while visibly intoxicated).  If you have not already, you should report the incident to the police and press charges against the drunk driver.   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 sounds lik an issue you need to address with your injury lawyer ASAP. It seems they are looking to show that you were txting while driving or using your cell phone for some defense. Presumably to claim you stopped unexpectedly or failed to move when the light changed and caused the crash or something along those lines. I fyou dont have an injury lawyer you need to ge one ASAP. ... Read More

Preserve the truck for expert examination. Do not delay. Discuss your injuries and damages with a Personal Injury attorney asap. Do not delay for purpose of investigation and gathering of evidence. In order to pursue a Product Liability case, damages will need to be very significant to balance the cost involved in pursuing this sort of claim. ... Read More

They are not required to give you "whats wrong with it". Its a mathmatical calculation where the damage collectivelly equals or exceeds 80% of FMV. That you fixed the car may not change things because it may well be reported to DMV for a branded title, meaning you can't sell it and likel won't be able to register or tag it unless DMV certifies it for a rebuilt title. Why they paid nothing is a separate issue that can't be explained as they should have paid for towing, storage andsome repairs generally. ... Read More

Dani,   I'm sorry to hear about your and your son's accident. It sounds as though your current attorney reduced the settlement in order to pay Peach Care medical bills. Unfortunately based on the information you provided it is not possible for me to give you a more specific answer. I strongly recommend reaching out to your current attorney and asking him or her about this. If you do not have a current attorney feel free to call my office and I'll be glad to speak with you. Good luck. Regards  ... Read More

Mr. Gleason, if you were served papers you should immediately contact 1) the independent company for whom you were driving the bus; and 2) the insurance carrier for the bus you were driving.  The insurance company will assign attorneys to defend you and pay any judgment entered against him up to the limits of the policy.  Time is of the essence as you typically have 20-30 days in which to respond to a Summons after it's been served on you (20 if personal service, 30 if by mail).   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

Paying the fine will not prevent you from getting points on your license.  Moreover, if you plead guilty to not yielding to a pedestrianin a crosswalk, your plea will be binding in any personal injury lawsuit that the woman you struck might bring later on.  Finally, your insurance company is under no obligation to defend you for a traffic violation.  You'd need to hire a traffic attorney for such a matter.   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