Legal Question in Personal Injury in New York

I was in a car accident........

I was involved in a car accident. The other vehicle was heading in the opposite direction and made a left turn on the 4 lane road into a parking lot. She crossed in front of me and as she did, I struck the side of her vehicle in a T-bone manner and her vehicle flipped on its side and then the roof. Anyway, when I was on the phone with her insurance company today, the person handling the claim said I could be partially liable for the accident. She said that she went to the scene and said she figured I was exceeding the speed limit, which I wasn't. To make things worse, I was driving a company vehicle and the keep bringing up the fact that there is a $1000 deductible on the vehicle. I don't feel I should pay the $1000. My brother and I both hurt our knees, he bit his tongue, and the other driver had a broken rib and some cuts. Her 1 year old child was uninjured. I did however miss 2 days of work with the potential of making an undeterminable amount of money being that I work on commission. What are my rights and what should I do?


Asked on 11/14/00, 1:14 am

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: I was in a car accident........

I received your post on 11-20-3000.

Not in order of any importance, but:

1. Why are you paying a deductible on a company car?

2. Notify your company's insurance about the accident.

3. Do not speak with the insurance company for the other car.

4. Make certain that the owner of YOUR car (the company) fills out an MV-104 form (or you do it) and has it submitted to Albany.

5. Do not speak with anyone about the severity of your brother's injuries. Tell them to call him.

6. Have your brother make a claim for no-fault (for medical and lst earning) to your company's insurance .

7. Any time two cars are involved in an accident, the insurance compnay will like to to believe the your (the other) car always has fault.

8. As to your lost earnings claim, make a claim to the company's no-fault insurance carrier. They are required by law to provide lost earnings and medicals (up to a certain amount and reduced because they are not taxable).

In the evet that you have any question, please feel free to contact me directly at GroezingerLaw@juno or at 212-764-5428 or 845-878-2163.

Good Luck

RRG

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Answered on 11/20/00, 10:12 am
Jason Stern Law Offices of Jason Stern

Re: I was in a car accident........

As usual, the insurance company's representations are nothing but an attempt to intimidate, befuddle, and annoy you. Of course you should not be liable for any damages in this situation. They certainly can't prove you were speeding. One of the main reasons people retain attorneys in auto accident cases is because insurance companies constantly try to rip off those without attorneys by alleging "partial fault" and "50-50 liability," when in fact their insured is 100% liable. Complaining to the New York Insurance Board is useless when dealing with these crooks. You really have to fight fire with fire. To speak with me regarding representation or a referral to an excellent attorney in your area, please contact me at 917-922-0835 or 212-208-2470.

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Answered on 11/20/00, 12:26 am


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