“Good Morning” Q&A on Davidzon Radio 620AM with Irene H Gabo

 In Motor Vehicle Accidents, Nursing Home Injuries, Slip & Fall

Irene H Gabo answers Audience Q&A on Natasha Bystritskaya popular “Good Morning” show on Davidzon Radio 620AM. The areas covered included police notice, health care negligence, and power of attorney.

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Q&A Transcript

I had a fall in JFK, in one of the terminals, but there are so many airplane companies and offices there, I don’t know where to file a complaint. Please help.

Port Authority of New York and New Jersey operates the JFK Airport. You have one year to bring a lawsuit against them, but before you do, a notice of claim must be served on them at least 60 days prior to your bringing on the lawsuit. Some of the terminals are owned by a specific airline, for example I believe terminal 5 is owned by Jet Blue, so I would send a claim letter to them as well.

My husband and I were involved in the accident, which was my husband’s fault. Insurance company has denied my claim for injuries. Why?

In New York, most automobile policies, especially the ones with basic $25,000.00 coverage prevent one spouse from suing the other for a car accident in order to prevent fraud. In order to successfully proceed against the spouse, the couple must purchase supplementary insurance that will allow spousal claim in case of an accident.

Can I have a claim if I fell on the roadway, i was in the crosswalk and slipped on snow and ice?

Yes you can, but I would need more information about when the snow stopped before your fall. The City of New York is responsible for the crosswalks, and Department of Sanitation, an agency of the City, cleans the roadways. However, they have a certain time after the snow storm stops, to plow and clean the roadways in order for you to have a claim. So for example, if you fell during a snow storm, there will likely be no claim under the “snow in progress” defense.

I fell down the steps leaving a friend’s house and broke my ankle. She was very upset when I told her she was at fault for having broken steps. What do you suggest I do?

Your friend’s house, especially if she has a mortgage is likely insured for accidents such as this. Most homeowners buy liability coverage, to protect them if they are sued when an accident happens inside their house, or on the steps outside the house. There is also likely coverage for medical benefit to help pay the injured person’s medical bills. Therefore, the money won’t come out of your friend’s pocket, but will be handled by her insurance. So its your decision on whether you want to make a claim or not.

A car that hit me ran away and I was taken by ambulance to hospital. I remember you talked about 24 hour notice to the police, but I was in the hospital and didn’t have time. Can I still have a claim?

If 911 was called from the scene and FDNY ambulance drove you to the hospital, there is already notice to the municipality of your accident. Your attorney should request the 911 call report if you know what number it was made from and order your ambulance call report. In addition, you should either print form MV104 from DMV website, or get one from a police station, fill it out and mail to DMV in Albany without delay.

Do you handle claims against home health care agencies and their home attendants for negligence?

Yes we do and I have handled numerous cases where the home attendant is charged with holding the client under the arm for balance once they go outside, but instead is on her phone, texting and the client falls and injuries herself.

I need a simple will drafted and power of attorney for my mother, can you help?

Yes, I draft wills and durable power of attorneys for my client. There is a consultation fee, which if you decide to do a will or power of attorney with me, will be credited toward the price for the drafting. The will required two attesting witnesses, who are not family members or those who will inherit from the will, but perhaps family friends, who I ask to call to will signing with the person making the will and attest that the person signing did so in the right mind and in front of them.

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