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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Personal Injury Law
Satisfied Customers: 7243
Experience:  Partnered in a personal injury law firm for approximately 30 years.
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I have injured myself (fractured arm and other bruises and

Customer Question

I have injured myself (fractured arm and other bruises and sprains) when i tripped over the cable which was attached to my car and the tow truck which was pulling my car from the ditch. I was outside the car and the car was not running at this time. I
have full comprehensive car insurance. Can I file the claim against my car insurance? Should I also join tow truck company to my claim. Also the two truck company was called in by the road car assistance which I was subscribed to at the time I purchased the
car from the car manufacturer. I paid nothing to the tow truck company for being called in and the towing my car out of the ditch. Can I also then join my car manufacturer to the claim. How is the amount of compensation would be determined in this case?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Irwin Law replied 1 year ago.

Are you interested in an honest opinion as to whether or not you have a case or a claim against anyone?

Customer: replied 1 year ago.
Both
Expert:  Irwin Law replied 1 year ago.

The problem with your case against third parties is that you have no one to Claim negligence against. A person who trips, slips or falls over something is charged with the duty to observe what is clearly visible.The failure to do so is called "contributory negligence" and in most states it will defeat any claim for damages. You might be able to file a claim For medical expenses either under your own automobile or home owners insurance policy. It depends upon the exact wording of those policies, so you should inquire about that with your insurance agent.I hope I haven't spoiled an otherwise happy Thanksgiving day, And I wish you a speedy recovery from your arm injury.

Customer: replied 1 year ago.
according to NY "Plaintiff’s damages will be reduced by their own liability, but not barred
completely. N.Y. C.P.L.R. § 1411". It was at night and truck driver asked me to direct the traffic -- as he did not use warning lights or anything else on the road stop the traffic or illiminate the road. I did not see that the cable that was two inches above the ground (streched along the whole length of the street) as it was dark -- when I ran back to the car on the request of the truck driver to put my car in neutral. Should the be also a substantial contributory fault on the part of the truck driver as well.
Customer: replied 1 year ago.
also since I have arm fracture -- which in NY considered a serious injury -- should i be able to also recover against my insurance for pain and suffering etc. Would typical personal car insurance in NY consider this type of accident to be car related and thus covered by my own car insurance. In other words should I file the claim against both the truck driver and my own car insurance?
Customer: replied 1 year ago.
Please do not respond to my question. I will ask the adminstrator to close it, as I could have not gotten a response from you in a timely fashion, and found the answer to my question by other means.