Legal Question in Traffic Law in New York

Re: car accident

Insurance companies can disclaim coverage if they are not given timely notice of the accident. The company (as owner of the car) is vicariously liable for your actions. If the company is viable (has assets, etc.) it should want to protect itself and it should hire a lawyer. The lawyer could represent you as well because there is no conflict of interest. If the company won't pay for your lawyer, you should hire one yourself. In addition to defending the case, the lawyer should examine the insurance policy and investigate what notice was given to the insurance company. There may be grounds to commence a declaratory judgment action which is a law suit that asks the court to determine whether or not the insurance company must defend the case. It is especially important that you be represented by an attorney that handles motor vehicle cases. Because you hit the other car in the rear it is most likely that you will be found at fault for the accident. However, depending on the type of injuries the person has, he/she might still not have a case due to the no-fault insurance law which requires someone hurt in a car accident to show "serious physical injury," a term that has many meanings. My firm handles these cases and you should feel free to contact me if you wish.

Re: car accident

First....there may be more involved than meets the eye. A disclaimer of coverage may exist for valid or invlaid reasons. In any event, you need representation or else you may have a default judgment entered against you.

Feel free to contact me to discuss this. I have almost 20 years of defense experience in these matters and will be happy to answer any of your questions.

Good Luck

RRG