Irene H Gabo Answers Audience Questions on “Good Morning” Show on Davidzon Radio 620AM

Irene H Gabo answers Audience Q&A on Natasha Bystritskaya popular “Good Morning” show on Davidzon Radio 620AM. The areas covered included Uber accidents, settlements, real-estate, and snow removal.

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Q&A Transcript

My husband passed away and my attorney got a settlement for him for his personal injury lawsuit, but he doesn’t know what to do now to distribute the settlement. Can you help?

Yes. I can. If your husband died without a will, an Administration, most of the time, a spouse or an adult child, must get appointed by the Surrogate’s Court to represent the Estate. If your husband had a will, then the Executor who the husband named in his will, must be appointed in the Surrogate’s Court. Please feel free to call my office to discuss my hourly rate and filing fees for the Court.

I got a settlement for the policy from another company and now can go after my own insurance but I am afraid the rates will go up. Did you ever deal with anything similar?

If you were not at fault for the happening of the accident, your rates should not go up, even if your insurance company pays you a settlement for your pain and suffering. I always recommend checking with your insurance broker before proceeding with this settlement. However, even if the policy is raised it is often 5-10% which is minuscule compared to what you might be able to recover.

Do you represent defendants? My pharmacy is being sued and my insurance was not in effect at the time of the accident.

Yes, I do, on occasion, depending on the facts of the case. There is a retainer that I require prior to proceeding and I have an hourly rate for this type of representation. Feel free to call my office to discuss.

My friend mentioned you for estate work. What do you handle? And what are your rates?

I can draft a will, probate a will, appoint an Administrator if the person dies without a will and prepare a document for the Surrogate’s Court called Death Compromise, which is something you must file if the person dies without a will while his case is pending and a settlement is received thereafter. The final approval comes from the Surrogate’s Court and I help prepare those documents. Again, the rate depends on the work performed, feel free to call my office.

My no-fault benefits are now closed but doctor said I need surgery on my knee. Can no fault pay for this or I need to go to private insurance?

It depends on your initial complaints, treatment, and any pre-existing injuries or medical conditions. Your orthopedic surgeon can write to the insurance carrier, asking for the medical benefits to be reinstated because of the need for surgery and making a case as to why they shouldn’t have been denied. He can also file for arbitration, if he proceeds with the surgery, but the coverage is denied. Many prefer to go through private insurance and this is a decision you need to make with your doctor.

I own a house and I was told there is a time frame by which to remove snow after snowstorm. Can you tell me what they are?

Very good questions for this time of the year. The New York City Administrative Code states that “every owner, lessee, tenant, occupant or other person having charge of any lot or building must clean snow and ice from the sidewalks adjacent to their properties. The timetable for cleaning snow depends upon when the snow stops falling. If the snow stops between: 7:00 a.m. and 4:59 p.m. — Clear within 4 hours, 5:00 p.m. and 8:59 p.m. — Clear within 14 hours, 9:00 p.m. and 6:59 a.m. — Clear by 11:00 a.m. Failure to remove the snow by the deadline can result in building fines ranging from $100 to $350 per incident.

I was in a car accident while in Uber car. How do I notify Uber of the accident? There is a police report.

There are several ways to go about it. If you go into the Uber app on your phone, and click on the button “help” it will take you into your trips, past and present and from there you’ll go into “Trip Details” and choose “I was involved in an accident”. Another way to do this, is to give your Police report to your attorney, who will send out claim letters to the driver and owner of the vehicle you were in, as well as to their insurance company.