Legal Question in Insurance Law in New York

Who pays-I stopped for ambulance and was rear ended
vehicle 2 hit me, vehicle 3 rear ended 2 (two distinct impacts) causing further damage to my vehicle.
I contacted 2's insurer and have been told that my claim is denied because #3 caused the damage.
There is almost 4000. in damage to the rear of my vehicle. Who is liable to pay damages?

Asked on 9/14/07, 12:53 am

4 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Who pays-I stopped for ambulance and was rear ended

If the ambulance stopped short, they may have some degree of comparative fault, which is how this works. It is

about percentages of fault. If its a municipal ambulance a notice of claim may need to be served within 90 days.

You have liabiliyty for hitting the ambulance-and the vehicle that hit you, has liability to you. If you felt 2 impacts, are you certain 3 didn't push 2 into you?

Answered on 9/16/07, 12:34 am

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Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

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Re: Who pays-I stopped for ambulance and was rear ended

If #3 caused the accident and pushed #2 into the rear of your vehicle, liability lies with #3. Contact the insurance carrier for #3 and find out if they are accepting 100% liability for the accident.

Answered on 9/14/07, 1:07 am

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Kevin Connolly Kevin J. Connolly

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Re: Who pays-I stopped for ambulance and was rear ended

They are both liable, jointly and severally, but you're going to have to sue them. Fortunately, your claim is under $5000, so you can take it to small claims court, which will get your case heard and disposed of quickly. Every day you delay filing the lawsuit means another day later that you will be paid.

Answered on 9/14/07, 6:04 am

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