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Question: Auto Accidents - New York

Asked on 9/17/2009
a driver cut-off my sister on the freeway which cause her to panic and hit the wall. now he is denying it. and we have no proof,
My sister was cut-off my another driver, which cause her to panic and veer to the right and hit a wall on the freeway. luckily she only suffer minor injury. the other driver speed off and got away, his car was untouch. but she manage to get his license plate. she report it to her insurance. however, the driver denied it happen. what is she suppose to do now? how big ii he possibility of winning if she were to take this out to small claim court.

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Answers (2):

SJZ, Member in Good Standing of the New York Bar


If your sister has no proof--i.e. no evidence--it may be very hard to win. As the person suing, the obligation would be on her to show that the other driver was negligent.



  • Answered on 9/17/2009
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It comes done to who a judge would believe your sister or the other driver.

Your sister may not want to go through that.

AJL



  • Answered on 9/17/2009
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