In New York, the answer depends on whether your injuries meet what is known as the serious injury car accident threshold under Insurance Law § 5102. I was injured in a two-car accident and have been out of work for four months. I’ve received little from no-fault benefits. What are my claims? No Fault Claim … Continue reading Serious Injury After a Car Accident: Does Your NY Claim Qualify?
Category: Motor Vehicle Accidents
I was coming out of a driveway turning left onto a main road. I was waiting for the traffic to clear going both ways because I knew that traffic on the street had the right way. One of the cars coming from my left had stopped and the driver motioned me to proceed into the … Continue reading Liability for a Gesture from a Driver
I struck another car at an intersection. I did not see the other car. But the other car had the stop sign. There was substantial damage to my car. I was badly injured. What are my rights? No Fault Claim As with all car accident claims, your first call should be to your insurance company. … Continue reading Entering An Intersection
My son was in an accident walking home from school. A car coming from a driveway struck him while he was walking on the sidewalk and injured his arm and leg. What claims does my son have? Your son has two different claims. As explained in prior posts, New York is a no fault state. … Continue reading Infant Pedestrian Struck While Crossing Over Driveway
I have a classic red 1967 Ford Mustang convertible car. It was my pride and joy for many years. Unfortunately it was damaged in a fender bender. I could not afford the special insurance rider for this car. So I do not have collision coverage. I also know that some of the damaged car parts … Continue reading Classic Car Property Damage
I was a pedestrian walking on a sidewalk. I saw that a homeowner was getting a delivery. The driver had parked partially on the sidewalk, partially in the street. I was walking around the truck on the street when a car struck me. Fortunately I suffered only minor injuries. Do I have a case against … Continue reading Pedestrian Walking In Street Due To A Blocked Sidewalk
Police arrested me for driving intoxicated after I crashed my car. Can I make a Dram Shop claim for my injuries against the bar that had served me? The short answer is no. Although you asked specifically about the Dram Shop claim, you have no claim under common law. There is no common law claim … Continue reading No Claim for Intoxicated Driver
I am a construction worker. We were replacing pipe in a sewer under the roadway. A vehicle lost control and struck me. What claims do I have for my injuries? You have a Worker's Compensation claim through your employer. A prior post explains that you have to notify your employer within 30 days after the … Continue reading Car Strikes Construction Worker
I was struck by a car that ran a red light. No one was injured. I received a letter from an attorney saying this older gentleman is making a claim for injuries. How can he make a claim? The older man could not remember what happened when he spoke to police. This is similar to … Continue reading Driver with Memory Loss
Another driver claimed I went through a red light and struck them. But the other driver actually caused the accident. I found out from police at the scene that this driver did not have a valid license at the time of the accident. I do not think anything this driver says should matter since they … Continue reading Outraged Driver