Legal Question in Criminal Law in New York

car wrecks

my sister in law was in a auto accident recently. her vehicle (dodge carvan) was totaled. the person that hit her was ticketed for following to closely and i believe excessive speed. his insurance comapny only covered $10,000 property damage. that paid off what she owed on the van and siad they are even. now she has no vehicle and gets nothing forher mental anguish. she is real upset. her dad who was with her was slightly injured and as a result his eye glasses broke. he is elderly and disabled. there was notihng wrong with her fan except the interior a little dirty(she has 2 toddlers). thge baby carriage was also destroyed from the collsion. she isnt looking to make out on the incidnet she just needs a vehicle a new stroller and her dads glasses. she feels she is being railroaded. the state police siad she wasnt at fault the person that hit her was. shouldnt he or his insurance get her another vehicle or is she out of luck. any info/answer you can give me would be greatly appreciated.


Asked on 4/27/07, 8:35 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: car wrecks

She should be working with an attorney. The insurance company is going to take advantage of her. She has a right to recover her losses from the person who hit her, but if all he has is insurance she will have to go to court.

The insurance company, only has to pay off the value of the van. If it was higher than the blue book value, then she would have to prove that. She should be able to get money for her lost items through her own no fault insurance.

You do not get pain and anguish for her trouble.

Why isn't she seeking relief from her own insurance company. If she cannot find a lawyer to help her, she can contact the state or local county Bar association. Most have a referral panel where she can get legal help at a lesser rate.

Good luck.

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Answered on 4/28/07, 12:10 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: car wrecks

insurance will not give you another car, they will give you the actual value of the car by blue book standards minus your deductible... whatever that might be. If you're interested in anything more than that you will have to file a lawsuit against the person who struck her, then her insurance will take over the suit and you may be able to get some remedy there...

It is important to have medical docmentation regarding injuries for such law suits, emotionl distress is not enough to get any money in new york state unless there are physical side effects of the emotional issues... NY has a high burden for such cases, it is important that you contact an attorney immediately...

feel free to contact my offie through the email address listed below or callng us directly at 2127098303

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Answered on 4/30/07, 3:06 pm


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