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  1. #11
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    Jan 2006
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    as you stated, that was an assumption based on your experience. I don’t think it’s a dependable assumption. I see no reason a leasing company would require a lessee to carry anything regarding the state required coverage. They want to see collision and comprehensive and possibly underinsured motorist coverage. Coverage protecting their interest.

  2. #12
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    Mar 2013
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    17,493

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Doesn't surprise me that a leasing company would require higher liability limits than the state minimum. NY holds the owner of a vehicle liable for the negligence of the driver. It's entirely possible that the leasing company could be named in a negligence lawsuit.

  3. #13
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting adjusterjack
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    Doesn't surprise me that a leasing company would require higher liability limits than the state minimum. NY holds the owner of a vehicle liable for the negligence of the driver. It's entirely possible that the leasing company could be named in a negligence lawsuit.
    The graves amendment, enacted in 2005, removed vicarious liability of a lessor of vehicles



    https://www.nysba.org/Sections/Torts...ision_pdf.html

    Graves Amendment: Federal Preemption of VTL 388
    Although cases have been, and presumably continue to be, brought premised on a vicarious liability theory pursuant to VTL 388, the application of VTL 388 to lessors-defendants has been preempted by federal law. The Graves Amendment declares that leasing companies shall not be held vicariously liable under any State law for damages sustained in a motor vehicle accident and, in effect, preempts New York State Vehicle and Traffic Law (VTL) 388 which expressly provides that leasing companies, as owners, are vicariously liable for the negligence of a driver.

  4. #14
    Join Date
    Dec 2019
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    151

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    This is a serious question: How could any law force a jury to rule contrary to the way they want to rule? Will the Judge make the ruling for them? I don't think so.

    All that matters is how good your attorney is. Laws appear to hold little weight in a trial. The more persuasive lawyer will win regardless of laws.

    IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.

  5. #15
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting CONNOR99
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    This is a serious question: How could any law force a jury to rule contrary to the way they want to rule? Will the Judge make the ruling for them? I don't think so.

    All that matters is how good your attorney is. Laws appear to hold little weight in a trial. The more persuasive lawyer will win regardless of laws.

    IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
    Look up; directed verdict

    of course it’s more likely the lessor will be released before the trial even begins when their attorney moves for a dismasal of their client base on the law I cited.

    if for some reason the judge and the jury both err, the lessor would appeal and have the decision overturned.

  6. #16
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    Mar 2013
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting CONNOR99
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    IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
    That's true to some extent. I've seen first hand what a jury can do for a sympathetic plaintiff when it should have ruled otherwise.

  7. #17
    Join Date
    Dec 2019
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    151

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting adjusterjack
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    That's true to some extent. I've seen first hand what a jury can do for a sympathetic plaintiff when it should have ruled otherwise.
    Were you the defendant or did you just see it? It makes a big difference as to how real this is.

  8. #18
    Join Date
    Oct 2016
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    3,568

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting CONNOR99
    View Post
    This is a serious question: How could any law force a jury to rule contrary to the way they want to rule? Will the Judge make the ruling for them? I don't think so.

    All that matters is how good your attorney is. Laws appear to hold little weight in a trial. The more persuasive lawyer will win regardless of laws.

    IMO, those that think laws will determine the outcome of a case haven't experienced the unpredictability of a jury.
    With such a law in place, the case would never be heard by a jury.

  9. #19
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    Dec 2019
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    151

    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting PayrolGuy
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    With such a law in place, the case would never be heard by a jury.
    Who exactly would stop the lawsuit from being filed and tried?

  10. #20
    Join Date
    Jan 2006
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    Default Re: Auto Accident Upstate New York Other Driver 100% at Fault

    Quote Quoting CONNOR99
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    Who exactly would stop the lawsuit from being filed and tried?
    The lessors attorney who would move to dismiss their client from the suit based on the law clearly stating the lessor cannot be held liable simply due to the ownership issue.

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