And, as usual, it's time for the weekly ten-minute chat with Michael Brook, head of the Bureau of Accident Investigations and Road Traffic Incidents.
Michael: Hello.
Alexander: Hello, dear radio listeners. I wish everyone health and the desire to avoid any unpleasant situations. But if, God forbid, something happens and you get injured in some way, for example in a car accident or if you, God forbid, fall and break something, the easiest thing to do is to call me at 718-256-5610. Write it down on your mobile, always keep it with you, or search the internet; my website will appear and you can save all my information directly to your phone with just one click. Once again, 718-256-5610. But it so happens that there are many questions, and one respondent.
Here, listeners ask, for example, if a person falls on airport premises, on the subway, or while crossing the street, what the time frames to file claims are. How long can you wait before filing a claim and starting a case? Please respond.
Michael: In most cases you've listed, the responsible party will be the city, or state, of New York if it happened there, or the state of New York if it occurred on territory belonging to the state, like an airport.
In all these situations, the filing limit is typically 90 days. But this doesn't mean you should delay until the last moment and not file, because laws are very strict. Let’s say something is reported incorrectly, like a distance from a curb or something else, your case will be dismissed without you receiving any compensation. Therefore, a careful investigation and specialist report are necessary before filing, to ensure all measurements are correct and documented. If there's a pothole, all its dimensions and location need to be recorded. This is to avoid errors and losing the case. Preparation can sometimes take a month or longer. So, the sooner you call me, the better.
For example, a man contacted me after falling while crossing the road. It's a complex case against the city as it also requires proving that the city knew about the defect. I referred the man to attorney Town Ripku, who specializes in such cases and was a prosecutor in Brooklyn for three years. It took 1.5 months to find evidence that someone had previously fallen at that spot, and ultimately, Town Ripku managed to secure $300,000 for the client. So, if something similar occurs, just call me right away at 718-256-5610. Thank you very much for the informative responses as always. Let's listen to Natalia's question.
Natalia: Hello, Michael. We had an unusual situation. We stopped at a red light, and suddenly a car hit us from behind. A guy got out, but then just left. The police arrived and filed a report. What happens now if the driver's identity is not found?
Michael: In this situation, it's possible the driver fled deliberately, perhaps because they were drunk, on drugs, or the car was stolen. The police will likely find him, unless he’s just a reckless driver. If it was a stolen car, the insurance won't pay because they're not responsible for thefts. However, my attorney will pursue compensation through your insurance policy's 'Uninsured Motorist' (UM) coverage. This coverage handles any damage to your health resulting from the accident. If your back or neck hurts from the crash, my lawyer will get you compensated. If the vehicle that hit you had no insurance, your policy’s UM coverage applies. It’s not automatic, requiring a legal process called arbitration. I will connect you with a specialized attorney who always wins such cases. Recently, a client was hit by an uninsured driver, and through arbitration, my attorney won $100,000 for him. Just save my number 718-256-5610 for these situations.
Let’s hear from Raphael:
Raphael: Michael, we rent an apartment, but the condition is awful. The walls are falling apart and the floorboards are loose. We’ve contacted the landlord numerous times—they do nothing but collect rent. My wife tripped on the bad flooring, fell, and broke her left arm. Is there anything we can do?
Michael: When something happens within an apartment, it’s crucial to show the landlord had 'prior notice' of the defect. If something occurs in a building’s public space, it’s noticeable and no evidence is needed. But in an apartment, even verbal, written, or any form of notice to the landlord changes everything. Your letters are enough to prove the landlord knew about the floor defect. The building’s insurance will cover the injury, and it's significant. I can provide you with an expert attorney who will secure a substantial settlement. Recently, a similar case was closed with $170,000 awarded for a client. Just contact me at 718-256-5610 as soon as possible, and I’ll provide the appropriate attorney, Harlan Whittenstein. Always keep my number handy.
If misfortune strikes, call Michael Brook, head of the Bureau of Accident Investigations and Road Traffic Incidents. He will refer you to skilled attorneys to secure maximum compensation, at any time or day. For more information on insurance and services, visit my website by searching my number.