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Can someone just sue me for an alleged accident that happened in front of my property? With no witness?

Amityville, NY |

someone allegedly got into a bicycle on bicycle accident in front of my house and is now suing me. this individual is claiming my bushes caused the accident because the bushes are over the 3ft max limit that the town has. however, she has no witnesses except for her husband. she doesn't know who hit her, didn't get her name even though the cyclist walked her home!!!she has not seen this other cyclist after. she went to the hospital a day later. i was served with papers about 6 months later. i dont have liability insurance. it has been a few years already and i cannot believe this is going to trial. i cannot afford an attorney and it looks like i will need to get one anyway since it is probably going to trial.

Attorney Answers 7

Posted

She has a witness - her husband. Also, she can introduce photographs that she took at the time of the accident. You should consult and retain a lawyer immediately.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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Posted

The only thing that I can offer you is that Suffolk County juries really do not like this type of lawsuit and you should have a good chance of winning. Why didn't you have homeowners insurance?

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9 lawyers agree

Posted

Call your local bar association and ask for a low to no cost attorney, they may be able to help you.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.

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11 lawyers agree

Posted

Yes you can be sued. Issue of fact will be decided at trial. Good luck.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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13 lawyers agree

Posted

Yes, you can be sued. The real question is whether or not the person that files that action has enough proof to prevail.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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9 lawyers agree

Posted

Yes, you can be sued

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7 lawyers agree

Posted

Violation of a law or regulation that has as its purpose the type of harm that occurred is a very real and potent element of a successful personal injury suit. The injured party and the husband are two witnesses. I am sure someone photographed, measured, and otherwise preserved the evidence of the growth and probably did angle measurements, etc. You say you have no hazard insurance. You will have to fund your defense and any damages against you out of pocket.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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5 lawyers agree

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