Legal Question in Personal Injury in New York

Re: car accident

Under NY law, if the owner consents to your use of the car than you are "covered" under his policy. Obviously, your "friend" told the insurance company that you used the car without his permission or exceeded his authority for the use of the car (e.g. You were supposed to take the car to 7-11 to buy him a slurpee and instead you went to Macy's to buy yourself a pair of jeans). If the damage to the other persons car is serious and he sues you (in NY he would have to sue your friend as well) I would hire a lawyer. Until then there is a good chance that you will not be sued b/c the person you hit did not sustain a serious injury under the NY No fault statute. For more information log onto www.kesslerlawyer.com and check out the automobile accident section of the website.

Re: car accident

There are are a number of issues here. When your friend said the insurance will not pay, is he talking about damages to his car or to the other vehicle? In NY an owner can (and will) be sued along with the driver of a motor vehicle involved in an accident when the owner consented to the use of the vehicle by the driver. So you should let your friend know that he may be named in a lawsuit and it is essential that he contact his insurance company immediately and advise them of the accident so that he, as well as you, are covered for any suit. Were any injuries involved? Did police arrive at the scene? These are just some of the questions involved in this scenario and you may want to consult with an attorney regarding these issues. But again, it is extremely important that your friend's insurance carrier be placed on notice of this accident as soon as possible. We have handled many cases involving auto accidents, and should you wish to discuss this further I would be happy to speak with you at your convenience.