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?
Tag: 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 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
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
I struck the rear of a car making a left hand turn from a two lane road. I may have been travelling a little fast, but isn't it dangerous for a car on a two lane highway with double yellow lines to stop in the middle of the road? It is dangerous for a car … Continue reading Left Hand Turn
I accidentally struck a young person who was on skates with my car. The skater was on a two lane road and drifted from the right side of the road just as I was trying to pass him. There was a sidewalk next to the road. Shouldn't the skater use the sidewalk so he would … Continue reading Accident with a Skater