Legal Question in Personal Injury in New York

auto accident

i was involved in a accident. The other driver rear-ended me and total lossed the vehicle I was driving. The owner of the ar I was driving belongs to my sister. How do I sue the driver that rear ended me to pay for the cost of my sisters car and to pay me for personal damages. Can I also sue the driver for payment of a rental vehicle for my sister to dirve until she gets another car? And how does it take?


Asked on 12/30/02, 8:46 am

5 Answers from Attorneys

Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: auto accident

No fault insurance covers the property damage to your vehicle. If you suffered a "serious physical injury" you may be able to recover a separate award.

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Answered on 12/30/02, 9:22 am

Re: auto accident

I am located out of your area and cannot assist you. I suggest you try one of the advertising firms in your zip code area for immediate help as to the cost to you, the time involved and the criteria you must meet to file a lawsuit or even a claim. Good luck.

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Answered on 12/30/02, 1:01 pm
Adrienne Klein Adrienne R. Klein, Esq.

Re: auto accident

I suggest you immediately get a copy of the Police report for the accident. Be sure it confirms your recollection of the facts. If you have any injuries, be sure to see a doctor without delay. Your insurance company (if you own a car) or your sister's company (if you don't own a car) will pay your medical bills, but you must file in a timely fashion. I suggest you speak with an attorney. Most attorneys who handle this kind of case will give you a free consultation.

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Answered on 12/30/02, 2:17 pm
Lawrence Simon Law Offices of Lawrence M. Simon

Re: auto accident

Although you were driving your sister's car, and are taking responsiblity for the vehicle, only your sister can sue for these damages. You can sue for your own injuries, if any, and can assist her in bringing her claims, but ultimately, she will be the plaintiff.

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Answered on 12/30/02, 3:34 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: auto accident

You can sue for your injuries, pain and suffering, etc. Your sister can sue for the property damage to her car or she can make a claim on her insurance policy, but she will be out the deductible.

Even though it was not your car, your injuries are covered by No Fault.

If you wish to discuss this with me privately, please call to schedule a free confidential consultation.

I practice in NYC and Long Island.

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Answered on 12/30/02, 5:28 pm


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