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Craig A. Post

Craig Post’s Answers

1,133 total


  • Can I do something about this?

    My son was involved in a car accident. Right tire blew out, he lost control on the icey road, but a guard rail rolled over twice and landed in a ditch. He filed a no fault claim W his insurance co. Ins Co. Told him he will not be compensated for ...

    Craig’s Answer

    You are confusing no-fault benefits with compensation for pain and suffering. No-fault pays medical expenses, lost wages, etc. These benefits are generally payable regardless of fault. Your own carrier will not compensate your son for pain and suffering as if you were suing another driver in a two car accident. You cannot sue your own insurance company for injuries sustained under the circumstances presented. A claim for pain and suffering against the tire manufacturer may be possible but that would require you to consult with a personal injury attorney to determine. Good luck.

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  • Can I sue the hotel?

    Me and my fiancé were staying at this hotel in long island city. Every night we stayed there some guests smoked weed and possibly other drugs on our floor. Our room, the hallways and staircases filled up with smoke. We didn't complain until one mo...

    Craig’s Answer

    Other than the apparent inconvenience, what are your damages? You can complain to the hotel chain and perhaps get some compensation but as far as a lawsuit is concerned, the value of the case versus the expense involved would result in little or no return.

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  • Can I change Attorney's after four year?

    I have an ongoing case. I also have an attorney. It seems like the only thing the attorney if good for is making court dates sitting in and getting paid. I recently had an IME and sine then have been out of work because of the exam the doctor over...

    Craig’s Answer

    If your relationship with your current attorney is beyond repair then you are free to seek the services of someone else. The incoming attorney will take care of the transition. It won't change the fee structure. The case is yours and you are free to change attorneys at any time.

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  • What actions should I take?

    I just received a letter from a law firm that some woman retained stating their client was bit by a dog at my rental property and was injured in December of 2015. I no longer own this building as of Aprox January 31 2016. They sent me a questi...

    Craig’s Answer

    Contact your insurance company and put them on notice of the claim. Your coverage should relate back to the date of the incident. It is not advisable that you speak with the claimant's attorney. You may inadvertently jeopardize possible defenses to the claim.

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  • What can we claim from my fathers car insurance or elsewhere since it was a car accident and the driver has not been identified?

    My father was killed in a car accident about 2 weeks ago. My father was walking across the street when a vehicle struck him and fled the scene. This happened in NYC. At the moment we are trying to find all the benefits and legal claims we can make...

    Craig’s Answer

    Sorry for your loss. You would have to refer to the uninsured motorist portion of your fathers policy. You should put all automobile carriers on notice of a potential claim that may have covered household vehicles on the date of the accident. What you should really consider doing is contacting a personal injury attorney to discuss the circumstances of your father's death and the possible avenues of redress.

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  • Does my attorney have to disperse my settlement funds in a NY PI case if I owe Medicaid?

    I got into a bad car accident this past November. I had no medical insurance, and was in the ICU for over 40 days, and in a nursing home for a month. I was able to get Medicaid. My attorney settled the case for the full amount of the policy ($1...

    Craig’s Answer

    Either there is a lien or there isn't. Your attorney is probably waiting for verification. Given the amounts you say are involved, your attorney is being prudent.

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  • Do I have any recourse with my insurance company for failure to pay me anything for my car?

    I crashed my car in inclement weather in upstate NY and ended up driver's side down in a culvert on the opposite side of the road. The entire driver's side is smashed and not repairable, but fortunately, I only received minor injuries. I thought t...

    Craig’s Answer

    Perhaps you have a claim against the manufacturer or dealer although the value of a 2004 vehicle may render an action impractical. If you didn't purchase collision coverage, why would you think you're entitled to anything from the insurance company?

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  • What should I expect and how do I proceed?

    I allowed my car insurance to lapse for the second time within a 3 year period. Received a suspension order from DMV, requiring me to hand in my plates for the lapse period of 7 days. Consulted with DMV via phone, and was told that at the end of...

    Craig’s Answer

    Not sure the information you are receiving is conflicting. It is unclear if you provided the person from DMV with the ticket information in the original inquiry. In any event, as suggested, find a clerk that can guide you through the process after supplying all of the pertinent information.

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  • Can I legally be fired if my doctor removes me from work for 2 weeks?

    I recently injured my knee while at home and was unable to walk. I went to the E.R, and because it was so late at night, I had a follow up appointment with my doctor the next morning. I called out of work and explained the situation to them, and h...

    Craig’s Answer

    As suggested, you should speak with a labor/employment attorney to determine what rights you may have in this matter.

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  • What can I do? Can I get the police report amended? Can I appeal the insurance decision?

    I was t-boned on 12/2/2015. I had pulled out of a parking spot and began executing a 3 point turn (note: NOT a u-turn). There was a double parked car waiting for my parking spot blocking on coming traffic in the east bound lane and the west bound ...

    Craig’s Answer

    The further you get from the accident date, the less likely you'll be able to get the report amended if at all. You can only "appeal" the insurance decision with any degree of success if you have some proof other than your say so. Consider engaging an attorney to deal with the insurance company.

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