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Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 27228
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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Not quite sure, No attorney has been consulted, No I was

Customer Question

Not quite sure
JA: What state was the citation in? And have you consulted a local attorney?
Customer: No attorney has been consulted
JA: Do you need to appear in court?
Customer: No I was just looking fo advice online
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 month ago.


I'm Lucy, and I'd be happy to answer your questions today.

What can you tell me about your situation? Also, because laws vary by state, where did this happen?

Customer: replied 1 month ago.
Hi Lucy,I was in a fender bender in New York about two weeks ago. No damage to the jeep I was driving which was my brother in-laws. I have my own car insurance as well. The driver of the 16 passenger van hit me bc she apparently didn't see me. I pressed on my brakes when I realized she was not stopping. She is no the owner of the van apparently it was a company van but over the last two weeks the owners son who late came to the scene was trying to basically swindle me into giving him $800 cash to avoid insurance bc I had a stop sign. I stopped at the stop sign and was in the intersection turning when I was hit. My intuition says has told me something wasn't right about the driver or owners son and after a lot of back and forth I just told him to go through insurance if he felt it necessary.
Expert:  Lucy, Esq. replied 1 month ago.

That's definitely a suspicious situation. Did she also have a stop sign?

Customer: replied 1 month ago.
The van owners son called my bro inlaws insurance company and basically I wanted advice on what is to be expected in the case that it's her word against mine and any pending liability
Expert:  Lucy, Esq. replied 1 month ago.

If she didn't have a stop sign, then you're legally at fault for the accident. She doesn't have to yield just because you got to the intersection first. From what you're describing, the other driver had the right of way.

You have a right to insist that they give you estimates before you give any money, and it is NEVER a good idea to give someone cash unless they'll sign a receipt and a waiver before you hand it to them. But you're also allowed to let the insurance company handle it. The primary reason to pay the other owner directly is that, if you do, your insurance rates won't go up.

Customer: replied 1 month ago.
No, she did not have a stop sign.
Expert:  Lucy, Esq. replied 1 month ago.

Then she had the right of way, and the insurance company or a judge would unfortunately find that you caused the accident, legally speaking. I'm sorry.

Customer: replied 1 month ago.
Also, I called the police and asked her about exchanging insurance and she basically didn't want to. When I went to the precinct to pick up the report her name was listed as the owner. I asked the officer to check the VIN# ***** was told that it indeed was not registered to her, they provided me with a company name.
Expert:  Lucy, Esq. replied 1 month ago.

New York law requires her to show proof of insurance at the scene before driving away. If she didn't do that, it doesn't change who is liable for the accident, but you could notify the police and see if they'll take action. NY Veh and Traffic Laws, Section 600.

Customer: replied 1 month ago.
Expert:  Lucy, Esq. replied 1 month ago.

You don't have to pay them anything without proof of the damages. And, depending on your deductible, you can choose to let insurance handle it. That's what you pay them for.

Expert:  Lucy, Esq. replied 1 month ago.

Do you have any other questions about this?