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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30365
Experience:  Lawyer
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I was hit in the rear, while stopped, by an ice cream truck,

Customer Question

I was hit in the rear, while stopped, by an ice cream truck, in Suffern, New York--(Rockland County). The business location for the ice cream truck and home address of the driver are both i New Jersey. I live in Rockland County. Where does the Small Claims action about this have to take place?
JA: What state is this in? And how old is the truck?
Customer: The accident happened in New York. I do not know how old the truck is.
JA: Has anything been filed or reported?
Customer: I reported it to the Ramapo Police Dept., (in Suffern, New York), but since the accident happened more than 10 days prior to that, they could do nothing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 2 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the ice cream truck does not have a business address in New York, then the small claims suit would be filed in New Jersey, in the county where the driver/owner lives. Small claims is only for residents of a given state.

For damages exceeding $5,000, you could sue in the NY Supreme Court, because that's where the accident occurred. A person who drives on NY roads is agreeing to be sued in New York in relation to any accidents that arise - you're only limited if you want to use Small Claims.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 2 months ago.
Am I absolutely precluded from suing in a New York State Small Claims Court? (The damages are only about $1,000.00.) The ice cream truck has permission to use the New York roads to conduct its business by a New York authority.
Expert:  Lucy, Esq. replied 2 months ago.

You can only sue in New York Small Claims if they have a registered address for service of process with the NY Secretary of State. They should, if they're licensed to operate in NY. Look them up here:

https://www.dos.ny.gov/corps/bus_entity_search.html

Expert:  Lucy, Esq. replied 2 months ago.

Do you have any other questions about this?