Legal Question in Traffic Law in New York

Rear-Ended/Liability

I was rear-ended by a yellow cab while at a full-stop and a red light. I was most certainly at a stand-still for at least a solid 30 seconds.

The cab driver lied and said I short-stopped. His insurance company is therefore, only willing to pay for 90 percent of cost to repair my vehicle and claims that I am partially responsible for the accident.

I'd like to know if by law in NYS, I am considered responsible for being rear-ended whether I short-stopped or not (although I did not -- but I have no proof).

If the driver is 100% responsible, I need to decide if I will accept the 90% offer from the insurance company or take them to court to get the full amount. I'm talking about principle here and a difference of about 80 dollars. Is it worth it and is the law on my side?


Asked on 1/10/07, 1:57 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Rear-Ended/Liability

It is nothing until a verdict or judgment. 90% at present without a trial or court as against 100% possibly later. It becomes a business decision on your part whether to take it.

Good Luck

RRG

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Answered on 1/10/07, 2:01 pm

Re: Rear-Ended/Liability

The law is on your side. A short stop generally is not considered a sufficient reason for hitting another car in the rear because it means the car was following too closely in violation of Vehicle and Traffic Law � 1129(a).

However, if you have to start a lawsuit, it will cost you more than the extra $80 you might recover.

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Answered on 1/10/07, 2:01 pm


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