Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I was hit in the rear, while stopped, by an ice cream truck,

Customer Question
I was hit in...

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?

Lawyer's Assistant: What state is this in? And how old is the truck?

The accident happened in New York. I do not know how old the truck is.

Lawyer's Assistant: Has anything been filed or reported?

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.

Submitted: 11 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
8/2/2017
Lawyer: Lucy, Esq., Attorney replied 11 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

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.

Ask Your Own Legal Question
Customer reply replied 11 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.
Lawyer: Lucy, Esq., Attorney replied 11 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

Ask Your Own Legal Question
Lawyer: Lucy, Esq., Attorney replied 11 months ago

Do you have any other questions about this?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Involved in a vehicle accident in a government vehicle
I was involved in a vehicle accident in a government vehicle. I was on duty as a police officer and on patrol on a side road,the road was icy in spots and the snow was approximately 7 to 10 inches dee… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
My son, loaned his truck to a friend. The friend hit a mailbox
My son, loaned his truck to a friend. The friend hit a mailbox and did some yard damage. He fled the scene, the truck was not drivable. My son paid for the damages to the homeowner. The truck was put … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I rented a u-haul truck several days ago and had a minor accident.
I rented a u-haul truck several days ago and had a minor accident. I have rented many trucks from this location many times over the years. I have ALWAYS purchased the extra insurance where I have acci… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Son passed trash truck while dumping a can, all clear so he
Son passed trash truck while dumping a can, all clear so he passed. He was 3/4 way past when trash truck pulled out and hit his right rear passenger door and back panel with his front left bumper. He'… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
To tell the truth I had a flat tire while my friend was helping
To tell the truth I had a flat tire while my friend was helping me ,I borrowed his car a d I went to buy cigarettes.parked the car went inside the store boooooom .my friends car went back in reverse a… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Please answer the following A person licensed in New York
Please answer the following: A person licensed in New York State with a Commercial class B license causes an accident while driving a rental car (not a truck) and leaves the scene without stopping and… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Rear end car accident Long Island NY I was at a red light
Rear end car accident Long Island NY: I was at a red light and all traffic was a complete stop. I was the first car in the right hand lane at the light waiting to turn right. The light turned green an… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can i register an ice cream truck in my name if ive had a
Can i register an ice cream truck in my name if i've had a past criminal record. (nothing having to do with children).. charges were back in 2004 for tampering with public records, and official miscon… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
My wife (on Oct 22nd 2009 in Algonquin, IL) backed out of a
My wife (on Oct 22nd 2009 in Algonquin, IL) backed out of a driveway and was moving forward when she was hit from behind in the left rear driver side at night and during a heavy rain. The other car di… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
It was a car accident, happened on 7/2/10. I stopped in traffic,
It was a car accident, happened on 7/2/10. I stopped in traffic, and the car behind me hit my rear bumper, causing my car hit the car in front of me. My car's front and rear bumper were damaged. I fil… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,910 satisfied customers
My 10 y/o daughter was hit by a Chevy Avalanche while leaving
My 10 y/o daughter was hit by a Chevy Avalanche while leaving the ice cream truck, the man driving this vehicle briefly got out only to say "oh, she is just spooked,"& returned to his vehicle w/ a mal… read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
I need help filling out the claim form for small claims in
I need help filling out the claim form for small claims in az. I know I'm the plaintiff, but do I put my address as well? and Defendant, there is the man who rear-ended me, who worked for a trash comp… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
920 satisfied customers
A police incident report was written up for me and a person
A police "incident" report was written up for me and a person of whom was involved in the incident. It was a "traffic incident" not an accident but was not written up as so due to the circumstances at… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
I was driving from ohio to visit my sister in new jersey with
I was driving from ohio to visit my sister in new jersey with my father. While driving through Harrisburge, PA on I-81 in the left high speed lane. At about 4:00 PM on 12/23/2009 traffice slowed down … read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
My husband was involved in a hit and run accident in Texas...the
My husband was involved in a hit and run accident in Texas...the other driver caused the accident and left the scene. The car was found by police, and was not reported stolen. Now the owner of the car… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
looking for a Lawyer that deals alot with independent ...
looking for a Lawyer that deals alot with independent contractors and there rights.can a company get away with not paying you what you agreed upon when you took the route back in March,and can they ke… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
What kind of court can I bring a private nuisance law suit ...
What kind of court can I bring a private nuisance law suit in Rockland County, New York for noise pollution from a neighbors central air conditioner unit? The town has a noise ordinance which does not… read more
truthfinder
truthfinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers
I have a loan signing in Orange county new york then have ...
I have a loan signing in Orange county new york then have to bring the same document to rockland county for another signature. Do I input into the document myself ...County of Orange then when the 2nd… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x