My parked motorcycle was hit by a commercial vehicle in NY: My motorcycle was hit and ran over by a commercial truck while parked. I filled a claim with the insurance company of the truck (My insurance does not cover me for collision). The bike was declared totaled and they are offering me only 50% of the estimated value based on the argument that my motorcycle was illegally parked in a commercial parking zone. I feel that this is unfair, as in my mind the legallity of my parking is not relevant. For me there is no justification for hitting a stationnary. I also feel that the insurance company is taking advantage from the fact that I am filling on my own and not through my insurance and therefore that I might be tempted to accept their offer because of the cost of futher actions. What should be my next step ? Thank you for your advise.
Jeena's answer: Depending on the amount of damages to your bike, you can either file a lawsuit against the owner of the commercial vehicle in small claims or Civil Court of NYC (if you live in NYC). The fact that you were illegally parked may play a part, but if you bring a suit, that decision will be up to the arbitrator or judge. If you need further information, please feel free to contact me via my website.
Personal Injury: If a landlord violated a State Maintenance Code could that prove negligence?: If a landlord violated a State Maintenance code on his rental property, could that prove negligence?
Jeena's answer: As the prior answer stated, it depends on a lot of factors, some of which have to do with whether your injuries were caused by the violation of the code you are referring to in your question. Feel free to contact me if you'd like to discuss your matter further.
Is $17,500 a good settlement for a Nassau County, NY car accident? I have 8 herniated discs and nerve damage as a result.: My atty originally told me I'd get about $60K, and now the ins. co. of defendant's final offer is $17,500 and won't go to arbitration. I wasnt moving, and was hit in driver door by jerk going 65 mph, making illegal right turn from L of 4-lane road. She sped through a light and then turned, and hit me. It's a miracle I'm alive. I was in PT almost 2 yrs; still in pain. Ortho suggested epidural injections; I'm nervous and would rather live in pain. I'm self-employed decorative artist. My fear is I will be in worse pain, or disabled as time goes by, and I will have no recourse. $10K net isn't a lot to make up for this. But if that is typical settlement, I know I will have to live with it. Can I bring civil suit, or leave case open to sue in future? What are the chances of success?
Jeena's answer: The answer to your question depends on many factors including whether any of your injuries are pre-existing, your age, if you had any treatment other than physical therapy, if you can prove that you have permanent injuries under the New York State No Fault threshold. These can not be answered in this forum. You either need to sit down with your attorney and have him or her explain to you why this is the best settlement you can get or there is nothing in the law that prevents you from seeking new counsel.