Legal Question in Personal Injury in New York

Auto Accident: Last Clear Chance

A gentlemen was backing out of his driveway into a public roadway. He struck the front passenager side of my truck. His insurance won't pay 100% on the claim defending themself with "Last Clear Chance" saying I didn't blow my horn. It happen so fast that I did not have a chance to blow the horn. Is this right or is it a insurance scam!!! Is a driver responsiable to blow the horn when a car is backing into a roadway?? He claimed in the police report he didn't see me. Thank You


Asked on 12/17/97, 5:07 pm

2 Answers from Attorneys
Thomas Reilly Learned, Reilly & Learned

Auto accident: Last Clear Chance

They are duping you. If it happened that suddenly there was no last chance. If you didn't have time to take evasive action, then how could you have time to blow your horn? If you sustained property damage only, you might try suing them in small claims court, depending upon the monetary jurisdiction of that court and the amount of property damage you sustained.

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Answered on 12/18/97, 6:41 am
Bunji Fromartz Fromartz Law Offices

Go to Small Claims

Assuming your claim is $3,000 or less go right to court, don't wait for that claims rep. If your version of the facts is correct you had no "last clear chance" and they owe you!

You can ask to talk to the claims supervisor, but usually they back up their reps.

This transmission is not legal advice, nor does it imply an attorney client relationship. It is always my opinion that consultation with an attorney after setting out all the facts is the only proper way to receive legal advice.

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Answered on 1/05/98, 6:09 pm


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