Irene Gabo on the Morning Show at Davidzon Radio – February 01, 2021

1. I was in an accident but the police never showed up. Now I have a lot of pain few days later, can I proceed without a police report?

These days, due to cuts in the police force and to covid pandemic, police may not even show up unless you are seriously injured. Best to do in this situation is exchange information with the other driver or at the very list write down or take photo of the other’s car’s license plate, because the attorney is able to run the license plate to find out the insurance for the other car. Pictures are also very important, both of your car and the other car, because you want to show the amount of damage, especially if its significant before your car and the other car is fixed. What you can fill out is a form called MV104. Its very similar to the police report, but this is filled out from your perspective and you have 10 days post accident to do it and send it to DMV in Albany, make sure to keep a copy for you and for your insurance company.

2. My car was hit in the back and I have been treating, but I am worried about all the money insurance is paying to the doctor, and the rates going up, anything can be done?

If your vehicle was hit in the rear, chances are the other car will be found 100% at fault by your insurance company. What happens in that case is your insurance company will subrogate against the other insurance company. In other words they will make a claim against the other company for all the money they paid in your case, for medical treatment or lost wages or property damage. Because the fault is on the other side, their insurance company will then reimburse your company, so in the end no money has been spent on your policy, and the rate should not go up. I would make sure your attorney speaks to the insurance company about subrogation option or write them a letter.

3. I went for a medical exam with the other driver’s doctors, it was literally 2 minutes, what can they use this report for, he barely saw me.

This is unfortunately how these exams are, because those doctors are paid by the other insurance company, and they are interested in continue to be paid by those companies, so many times they do find a certain level of exaggeration, subjective complaints or no disability in the patient. But these quick exams are often helpful to us because the argument is then made in court that 2 minutes was not enough time to take a proper history and examine the patient. Also, it is important to know that before you go to this exam, your medical records are exchanged with that doctor, so when they right a report, they mention all the records they reviewed before your visit. It might be helpful to read a copy of the report when it comes from the doctor to see what he finds and to see if you agree or disagree with his findings.

4. I fell in the subway, but where I exited there is no station agent and ambulance picked me up right away. Can I still proceed against the New York City Transit if they didn’t see me fall or take a report?

Yes you can. Remember many subway stations have more than one entrance and exit and some of these stations don’t have a station attendant or someone who sells metro cards at both parts of the station. In addition, numerous stations have video cameras that your attorney can request from MTA through the Freedom of Information Law site, I actually have a link on my website, if you’d like to do it yourself. Finally, the ambulance will have the address where they picked you up in the report and don’t throw away your metro card, as it will be part of the evidence that you actually took the subway.

5. I waited for 9 months due to covid waiting for my case to move but nothing in happening, every time I call my attorney he is either out or tells me there is no movement in Court. Is this normal??

Courts are functioning but on limited basis. For example in Kings County, which is Brooklyn, everything these days is done via email or by zoom, if we need a conference with the judge. Yes, there are delays but in general cases are moving. Judges are more lenient in giving extensions but the conferences and motions are all heard and held. What Kings County did to move its cases is allowed voluntary mediations, after a case gets to a certain point on the Court’s calendar. That means both parties can present their case before a mediator and get a free 90 minute court controlled mediation to resolve the case. In this situation both attorneys and their clients must agree to the mediation and sign off on the agreement, which then goes to court, but this may be an option in your case and you should discuss it with your attorney. These are non binding, so if you don’t agree to the amount offered, the case continues in court.

6. I slipped in the building and fell down the stairs, but the super refuses to give me the video surveillance and I know there is one, what can I do?

First thing I would do is speak to and retain an attorney who can write a letter to the owner of the building, telling them that an accident took place and asking them to preserve a video of the fall. This letter should have proof of delivery, so I like to email and fax the letter as soon as I get the case, because videos tend to record over after a week or two and you can lose the evidence you need. If the owner had your letter and got rid of the video on purpose, your attorney, once the case is in litigation can make a motion for spoliation, meaning, the judge will make a negative inference about the case, stating that there was a video and was destroyed. Its very powerful thing for the jury to hear because they will of course assume that the only reason the video disappeared is because they were at fault for your fall.