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Craig A. Post

Craig Post’s Answers

1,091 total


  • What happens if I was in a no-fault, no injury caraccident during my switch of ins. companies and I technically was not covered?

    My car ins. comp. dropped me due to driving record, I got new ins. but there was a brief lapse between the two. And during the few days of course me & a Lady were driving in parking places and hit each other police were called nobody got any ticke...

    Craig’s Answer

    Barring any issue as to the whether or not your insurance company properly cancelled your coverage, then it sounds like you have no coverage. It may be premature as it doesn't appear that the other carrier has started formal proceedings but you should consider consulting with an attorney to discuss you options including a determination as to whether or not your carrier followed proper procedures.

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  • Can a policy limit be more than $50,000?

    If three people were injured in a car accident and one had a arthroscopic knee surgery, & the other two had serve back pains, headaches; doctors call it whiplash. The adjuster forwards the insurer policy limit and its a total of $50,000, the two h...

    Craig’s Answer

    There are certainly policies with limits greater than 50k. The policy you are dealing with sounds like a 25/50k policy which is the minimum in New York State. There is something wrong in your calculation. The lawyer(s) only get a percentage of what their clients receive, not a direct share of the available policy limits. Based on what the injured parties are to receive, there is still 10k available. Unfortunately, this is not an unusual scenario when there are multiple injured parties with a limited policy. Talk to your lawyer.

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  • Summons with notice

    Summons with notice is filed by pro se party online with an approved application to proceed as a poor person (fee waiver). At what point should a RJI be filed and can it be filed online with another fee waiver application submitted? Or the first f...

    Craig’s Answer

    If you are the pro se party, make sure you keep track of your time to serve a complaint in response to the defendant's notice of appearance. Once issue is joined (the answer is served) then you can file your RJI. You should contact the county clerk's office concerning the fee waiver issue.

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  • I injured my mouth and broke my tooth on a bo e which was in a prime rib at outback steak house, whats my recourse.

    Went to dinner. Ordered the prime rib dinner and there was a bone that i didnt see. Was contacted by there legal department but no action has been taken, this was last year

    Craig’s Answer

    Your recourse is to gather your medical records and consult with an attorney in your area to discuss your options. I would not discuss the case with their legal department unless your willing to settle for a voucher for another prime rib dinner. It sounds like you are at least half way through the statute of limitations so you should consult with an attorney as soon as possible.

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  • Should I settle or persue?

    3 years ago, I was involved in a car accident as a passenger in a friends car. I suffered a 4 inch laceration from the top of my head to an inch into my forehead, I also suffered a couple of herniated disks. There has not been one day since this t...

    Craig’s Answer

    I agree with Mr. Pascale. First, your attorney is in the best position to answer the question. Second, it is unlikely that the insurance company has topped out on its initial offer.

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  • Plaintif calls witness after resting while defense case. Do they have to stipulate them as a rebuttal wittness on the record

    Plaintiff lawyer rested then in the middle of the defense's witness's questioning. While waiting for 2 months for the next Trial date the Plaintiff sends the Judge a Fax requesting an adjournment of trial date stating reason why is Their Princip...

    Craig’s Answer

    • Selected as best answer

    Unless there is some abuse of discretion, the court is the final arbiter when it comes to trial procedure. That being said, you must make objections to both the adjournment request and the calling of a witness for rebuttal purposes on the record. If you don't put these objections on the record, you will lose the opportunity to present them to an appellate court. Since it appears you are now doing this pro se, I would say you may have been a little hasty in dismissing your attorney and should look to engage someone new before proceeding further.

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  • I am suing the City of NY for false arrest. I filed a Notice of Claim and shortly thereafter, received a Notice of 50-h Hearing.

    It states in part "Claimant is further mandated, pursuant to Section 93(d) of the NYC Charter and Section 50-h of the GML, to present him/herself for a physical examination at a date and location to be provided under separate cover." I feel this...

    Craig’s Answer

    What you are referring to is boilerplate language contained in a form letter. That being said, if they demand the physical and state a compelling reason for it, you would likely have to attend. I wouldn't worry about it right now. Get through the 50-h hearing first.

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  • Need a lawyer to help on a slip and fall case pls help?

    I had a fall in Walmart September 5th 2014 while 5 months pregnant. My claim was denied by Walmart and haven't been able to get a lawyer that will help me due to conflict of interest pls help.

    Craig’s Answer

    Conflict of interest sounds like a nice way of saying your claim may not be worth pursuing. What were your injuries? What did you fall on?

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  • Can i sue a dentist who did a root canal that t has to be be redone and didn't find the source of the real pain

    which was a very bad infected molar causing extreme pains for days. plus the place was dirty and told the person working on my tooth i was in unreal pain but she blew it off.. i ended up in er they weren't much they didn't even see i had...

    Craig’s Answer

    You can sue. The question is whether you can recover. A bad result is not the same as malpractice. Get your medical records together and consult with an attorney that handles dental malpractice actions as soon as possible.

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