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Craig A. Post

Craig Post’s Answers

1,102 total


  • 120 days is 4 months and I don't know if you count the day you buy the index number, etc

    Please can you help me... I purchased my index number in NY Supreme Ct. on 4-16-14, then served the Complaint on Aug. 13, 2014, and filed the Amended Complaint on the same day Aug. 13, 2014, then served the Amended Comp on Aug. 28, 2014. T...

    Craig’s Answer

    120 days is not 4 months, it is 120 days. That being said, your service of the original and amended complaints seem timely. Is the defendant challenging the filing or service in some way? Please refer to CPLR Sec. 3025 which governs these situations. The only issue is whether or not the amendment was made within 20 days "after" the original pleadings service since it was done on the same day.

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  • How do lawyers place a value personal injury case?

    I was in a accident ,I had a knee surgery. I was rear ended by a driver who was intoxicated. Chiropractor treatment for ten months, still strengthening quads & calf muscle. Surgery cost $3,400 and treatment was around $6,500 . One lawyer said he g...

    Craig’s Answer

    You are comparing apples to oranges. In your case, you have to prove a serious injury pursuant to insurance regulations where the person that fell on the sidewalk does not. Unless you have reason not to trust your attorney, he/she is in the best position to evaluate your damages.

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  • What if in a collision the other driver is unwilling to share information? Should I call the cops?

    When I say information I am talking about names, phone numbers, addresses, insurance information.

    Craig’s Answer

    Yes. In fact it is never advisable to leave the scene of an accident with out having the police respond just for this reason. The other driver wouldn't have the option to withhold such information.

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  • Motorcyclist hit me as I have almost completed my right turn. He was taken away by EMS.

    Motorcyclist hit my right tail light and bumper as I have almost completed my right turn. He was taken away by EMS. It was obviously his fault. But he was trying to say that I cut him off. Given the position of impact -- is there any possibili...

    Craig’s Answer

    The answer is "yes", there is always a possibility you can found to be at fault. I suggest that you put your insurance carrier on notice of a potential claim and continue to document the accident as you've done. Good luck.

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  • I am the petitioner in a proceeding -two of the three defendants didn't appear on the returnable date or oppose my petition.

    What recourse do I have.

    Craig’s Answer

    As Mr. Mitchell suggests, there is not enough information here to discuss your possible recourse. What relief were you seeking? Did the court address the fact that the petition was unopposed? You may not have to do anything but without more information, the question can't be answered.

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  • Does it make sense to use an attorney for homeowners insurance claim?

    An attorney would be needed, practicing in New York City and specializing in homeowners insurance "bad faith" issues. The key question is: WOULD THAT MAKE SENSE? Summary: House essentially destroyed but insurance co. unreasonably de...

    Craig’s Answer

    Only by actually sitting down with an attorney will these questions be adequately addressed. If it is as complex as you suggest, you need to consult with someone with experience in these types of claims to determine if it is cost effective or even a viable claim.

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  • Small Car Colission with only cell phone information exchanged. What can really happen from this point on? (IF SHE'S NOT LYING

    The lady was in her left lane & had her left indicator was on, & she made a quick pivot to the right lane, into her driveway, & I was in the right lane going straight and had to imediately break. Only my left side near my left front light, has a ...

    Craig’s Answer

    I agree with Mr. Wolf. Report it to applicable insurance company and exchange information with the other driver. It's what you have insurance for, to deal with these situations.

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  • Can I be sued?

    My son 29 who lives with me had a car accident. He was driving my car and covered under my insurance policy. My insurance company is handling this. Should I retain my own lawyer?

    Craig’s Answer

    You only need to consider hiring your own attorney if it is probable that the plaintiff could obtain a judgment in excess of the limits of your policy. As the vehicles owner, it is likely you will be named as a defendant but the same policy that covers your son also covers you. Your insurance company will assign you defense counsel in the event you are sued. Unless you come to learn that that the plaintiff was seriously injured and you have only limited coverage, there is no need to rush to consult an attorney, at least not at this point.

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  • What exceptions apply to (auto) personal injury cases, that allow some people to be awarded more than policy limits?

    Is there ever an instance in which the insurance carrier is willing to pay a bodily injury claim above their insured's policy limit?

    Craig’s Answer

    Putting aside any viable bad faith claim, an insurance company is never liable for more than the limits of the policy issued. Obtaining an award, by jury verdict for example, in excess of the policy limits will provide the basis for obtaining more but not against the insurance company. Whether or not the defendant has assets to levy against for amounts in excess of the policy limits is always a challenge.

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  • Parking lot accident involving a Pedestrian advice. Not sure what I should do next and nervous about it.

    When coming out of the Burger King Drive Thru I made a left turn into the BK parking lot and made another left turn so I could park.. Going about 1mph a pedestrian came out of nowhere and I hit them, but it sort of looked like they just jumped on ...

    Craig’s Answer

    Put your carrier on notice and stop posting any more information concerning this matter. It's not necessarily helpful.

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