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Jeena R. Belil

Jeena Belil’s Answers

236 total


  • Can I sue the parents of an under-qualified driver for lending him the car that caused an accident?

    Last week I was in a motor vehicle accident. A young driver, on a graduated "G1" license (learners permit), made an improper left turn, striking my car in an intersection. Under graduated licensing, he was obliged to have another driver, with a m...

    Jeena’s Answer

    In addition to Mr. Post's answer, if there is no way for you to obtain coverage through the owner of the vehicle, you may be entitled to uninsured motorist coverage through your own policy of insurance. Of course, I'm only applying New York Law here, where uninsured motorist coverage is mandatory (minimum coverage is $ 25,000).

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  • My daughter had a serious car accident while driving her 2008 huyndai sonata. Side air bags didn't deploy. Do we have a case?

    She had to have her spleen removed, fractured hip, punctured puns and 2 small bones in her back are broken off.

    Jeena’s Answer

    I am so sorry to hear about your daughter's accident. If the airbags were to deploy and they didn't and the lack of deployment caused your daughter's injuries, then there may be an action against the manufacturer of the vehicle. In addition, if your daughter was involved in an accident with another vehicle and that driver was negligent, she would have an action against the driver of the offending vehicle. The first thing is to make sure that all of the No Fault coverage available to her is activated by notifying the insurance company of the vehicle she was in.

    The best thing for you or your daughter to do is to consult with a lawyer who can review the police report, the medicals and to make sure that the vehicle is inspected by an expert trained in motor safety.

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  • Collection agency filing suit for debt that isnt mine, what now?

    a credit card was opened in my name and i contacted the credit card company about a year ago. they closed the card and sent me a letter stating that it was removed and they contacted the 3 credit bureaus to have to removed from my report. the card...

    Jeena’s Answer

    I'm sorry about your situation. You need to 1. file an answer if you haven't done so already. Your answer should include your statements above; 2. You need to show up in court with all of the documentation you previously brought. 3. Show that documentation to the attorney representing the credit card company and to the judge when your case is called. A bench trial means that there is no jury and things should go very quickly. In the long run, having a lawyer with you on the day of trial is recommended. Good luck.

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  • Can I, defendant ( self represent), be the person to serve the paper (Answer to a Summons & complaint) to Plaintiff?

    Some told me that the Affidavit of Service must be sent to Plaintiff by a person not party to the case. Even the form ( Affidavit of Service After Commencement of Litigation) I got from Legal Self Help Center stated that " I am over 18 years if ag...

    Jeena’s Answer

    • Selected as best answer

    No. You should not serve the answer, even if by mail. Have a friend or neighbor drop in the mail for you and have that person sign the affidavit of service.

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  • My credit report has a judgement against me with no notice to appear. How do I get this reversed?

    I originally called the creditor when I had to leave my job due to DV in 2008 and tried to initiate a payment plan but they weren't helpful. Instead they placed the outstanding balance and a write off of the account on my credit report. I recent...

    Jeena’s Answer

    You need to file an order to show cause to vacate the judgment. You can hire a lawyer to assist you with this, or you can also do it yourself. If you choose to do it yourself, go to the court clerk and ask for an order to show cause template. The clerks are very nice, and although they can not give you legal advice, they can give you some guidance as far as court procedure. If you choose to hire an attorney, there are very good ones who practice in NYC you can find either on AVVO or through a Google search.

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  • Medical and wage lose in no fault accident NY

    I was a pedestrian in an accident, had 2 knee surgeries and reached a settlement, in accordance with the amount of insurance the driver had, with the insurance company in 2008. Now my lawyer is taking them to arbitration for medical expenses and m...

    Jeena’s Answer

    It is very difficult to answer this question without knowing more information. We do not know what grounds the no fault denials are based upon. If they were based on an IME cut off and you ended up paying out of pocket, or via a lien on your settlement, you would be entitled to arbitrate on the IME cut off denial to test the defense of medical necessity of post denial medical services. With respect to lost wages, we also do not have the reasons given for the denial for lost wages. Was it based upon the IME? Was a denial ever issued or is there still outstanding verification of the lost wage claim?

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  • A woman rear ended my truck, while I was sitting at a traffic light, she did not have a license or insurance.

    What should I do? My insurance will cover the damage less my deductible, which doesn't seem right. Also my back has been killing me. Being a recently unemployee father of 5 doesn't help. Any suggestions?

    Jeena’s Answer

    Seek medical attention for your injuries. Also, make sure you submit a No Fault and UNINSURED motorist claim are made with your own insurance carrier. Both of these notices must be done in a timely fashion and pursuant to your policy conditions. It is best to contact a NY Personal Injury lawyer who can best guide you.

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  • Is whiplash injury enough for a personal injury claim after a car accident

    i had whipsplash injury, were i n hospital for few hour, told to be rested for 3 weeks and take every 4-6hours painkillers at amount of 600mg. i am not able to help my husband in his business which is essential to us, and we can not afford to hire...

    Jeena’s Answer

    "Whiplash" itself is not considered a "Serious Injury" under New York's Serious Injury Threshold unless you have documented medical evidence that the whiplash prevented you from your regular activities for 90 out of the first 180 days following a motor vehicle accident. The best thing to do is to consult a New York lawyer well versed in auto accident cases in order to review your accident, medical records etc and to provide you with any options you may have under the law.

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  • Regarding no fault

    i received the no fault application, and with that theres a form that ask my authorization to release "work and other loss information" also "health and services or treatment information" do i have to allow to information is it at my best interest...

    Jeena’s Answer

    You must cooperate with your insurance carrier in order to receive No Fault benefits. Therefore, you must sign the No Fault application where requested and send back in to your carrier within 30 days of your receiving them.

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  • Domesticating an out of state default judgement in NY? Please read the details

    I heard that an out of state default judgments can not be domesticated in New York, unless a new law suite is filled. I have a credit card default judgment from New Jersey that is more than 6 years old, but I am a New York resident now. Can I stil...

    Jeena’s Answer

    If I were helping you defend this matter, one of my affirmative defenses would be that the time to file a summons and complaint has expired under the New York 6 year SOL.
    Keep in mind that if you are served, you still need to file an answer. You can not let the summons and complaint go unanswered, as you can still risk a default judgment being taken against you.

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