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Irene Gabo on the Morning Show at Davidzon Radio – March 08, 2021

 In Davidzon Radio, Law, Personal Injury, Radio Show
  1. I am afraid to walk on the street at night these days. Can I carry pepper spray or a small taser? I see them being sold on amazon

    Pepper spray can only be purchased from a pharmacist or from a licensed firearms dealer. PL 265.20(15). It has to meet certain requirements such as having a warning label on it. Tasers are illegal under PL 265.01. I have purchased for my kids special key chains, also from amazon that have an alarm button on it, so it looks like a key chair but if you press the button a loud siren start.

  2. If I am on Medicare, will I lose it if I start a case? I fell last week and am afraid to lose my benefits.

    Medicare is given mostly due to age not due to financial need like Medicaid. Therefore, Medicare doesn’t care how much you get from your lawsuit as long as you pay them back what they paid for your treatment. There are very strict penalties for attorney who fail to promptly reimburse Medicare when their client’s case settles, they can be fined up to $1000. Therefore on all the cases these days the first thing the insurance company asks if your client has Medicare and sometimes they will be the ones to report the case to Medicare, not your attorney. In the end, lets say medicare paid 5000 for your treatment, you can still negotiate with them and lower the amount due by amount 1/3 therefore it is very important to know the preliminary amount before the case settles to make sure there is enough money left for you on the case. But again, you will not lose your benefits if you are on Medicare and have a case.

  3. I was in a bike lane on Neptune Avenue and was hit by a car that ran away. Any chance to locate it? What do I do? I was hurt.

    3 options here. Trying to look around the area for a video camera but the problem is even if one store on the block has it chances are the most you will see is a sidewalk view, not the actual license plate of the car on the road. So unless that vehicle had something written on it like a name of a car service that can be seen on video, that is a very small chance. Option 2 is you have a car in your household, either you or your wife, or you live with your grown children and one of them has a car. That car insurance can cover you for this loss if you are injures, at the very least to the point of paying your medical bills and remember you have 30 days to fill out the application for those benefits with them. Finally if there is no insurance and no camera there is MVAIC which is state sponsored which allows you to recover up to $25000 for a hit and run, the issue there is the accident must be reported to a governmental agency in 24 hours. For example you need to make a report with police within 24 hours. If you don’t and there is no excuse as to why (for example you were in a coma in a hospital) they will deny the claim.

  4. Do you help with property damage or rental bills? I can’t get my company to pay me the full amount of damage to the car

    My firm helps our clients who were hurt in a car accident recover money for their property damage, either from the car that hit their car or from their own insurance, free of charge. When my firm represents a client we do a lot of work to help them get on their feet and never charge a cent for that work, for example helping them get their lost wages or their disability pay. In case of property damage we work with their mechanics and rental agencies to make sure all the bills are paid and paid timely. The issue here is most people when they go through their own insurance have a deductible on their policy, ranging from $500 to about a $1000, so your car insurance will always offer you the property damage cost minus the deductible, so I always tell my clients when you purchase a policy get a small of a deductible as you can. If you are not our personal injury client we can help you recover property damage but here we charge per hour, this service is not free.

  5. My aunt passed away and left some property, can you help us get it??

    I will need to know if your aunt had a will or no will, because if there was a will, it needs to be probated in the surrogate’s court based on her wishes from the will. If there was no will the Intestacy Laws in New York govern who can Inherit her estate. And the rules here are very strict, first to the spouse, if no spouse then to the kids, if there is spouse and kids to them both, if parents are living to parents if no spouse or kids. If no parents, no spouse, no kids, then to sisters or brothers. I do a lot of Surrogate Court work and I will be happy to offer a consultation concerning the estate, so feel free to give me a call. There is a fee for this consultation and my work on these cases is on an hourly rate.

  6. My car was hit on the LIE and the guy drove off and we didn’t catch the plate. My wife was hurt. Can we get a consulation with you?

    Yes you can. My personal injury consultations are free and what I will need to see if the insurance policy you have for your car, because in New York, unless you buy a certain supplemental or additional policy a spouse cannot sue another spouse in New York. Therefore, if you have a regular basic 25000 policy I can tell you now that your wife is not covered and you will have no way to get her a recover, because she cannot sue you. Again, I suggest everyone with a spouse who often drive together review your policy make sure there is that supplemental coverage, because if something like this happens and there is a hit and run or even if there is a two car accident, but you are at fault and your wife has no claim against the other car, for example you hit another car in the back, your wife will able to make a claim against you.