Legal Question in Civil Litigation in New York

Law Suit

In October of 2001 I was in a car accident with a friends car. I went off the side of

the road into a ditch which was then pulled out by two of her friends. She had no

insurance on her car, but she had a lean on her car which requires her to cover full

insurance on the car until the loan was paid off. I agreed to pay the co-pay of the

insurance deductible, now she is trying to sew me for the total cost of the damage

of the car, even though I didn't do all the damage. I asked her to take me home,

she gave me the keys and said drive yourself. She harrassed me, sent me nasty

emails trying to blackmail me into paying her the total of the repairs. I have kept the

emails in which she harrassed me continuesly. I have refused and refused to pay

the total. Does she have a strong case against me in getting the total money for

the repairs or should I seek further legal counsel on this matter. Thanks.


Asked on 5/20/03, 10:30 am

2 Answers from Attorneys
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: Law Suit

I would need to see the paperwork to determine if you are responsible. Please call my office at 718-888-3108 and say you are calling from LAW GURU for a free telephone consultation.

Neil E. Colmenares, Esq.

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Answered on 5/20/03, 10:42 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Law Suit

Please let me know if I have the facts of the case correctly: a friend gave you the use of her car, an accident occurred in which the car was damaged, but no other car was involved. A third party had a lien on the car and, as part of an agreement to allow your friend to retain possession of the car, she agreed to have collision insurance. However, the friend did not have any insurance on the car.

Is this correct? In my opinion, the presence or absence of insurance does not affect your situation. You damaged the property of another person and have an obligation to repair the property. There are exceptions to this rule and defenses to this obligation, but you have not told me enough to go more deeply into the case. For example, did you know there was an obligation to have collision insurance before you took the car? When did you learn your friend had defaulted on her obligation to have insurance? You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Plaease call for an appointment first - 646-591-5786.

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Answered on 5/20/03, 10:44 am


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