Preview
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
EXHIBIT K
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 1
Q: Gina Lupo
A: Anthony Zapata
ATTY: Jessica Jasquez [SP]
1 Q: My name is Gina Lupo. Today’s date is November 23rd, 2020. The time is approximately
2 12:00 noon. The, um, I am calling from Liberty Mutual Insurance Company from my
3 cellphone number 516-301-0624. The subject of this interview is in regard to an
4 automobile accident that occurred on the Cross Bronx Expressway in the Bronx, New
5 York, on July 17th [sic], 2020. Uh, Liberty Mutual is the insurance company for Turo
6 Incorporated. Um, on this call is the driver of the Turo vehicle Anthony Zapata along
7 with Jessica Jasquez from the attorney, um, Ickman Law Firm Office [sounds like]. Um,
8 the subject of this interview like I said is in regard to an auto accident that occurred while
9 Anthony Zapata was operating a vehicle, uh, rented from Turo. Mr. Zapata do you realize
10 I’m recording this interview?
11
12 A: Yes ma’am.
13
14 Q: And do I have your permission to record?
15
16 A: Yes ma’am.
17
18 Q: Jessica Jasquez do you realize I’m recording your client’s statement? And do I have your
19 permission to record?
20
21
22 ATTY: Yes.
23
24 Q: OK. Anthony can you please tell me your name and spell your last name?
25
26 A: My name is Anthony Zapata. The way my last name is spelled is Z-A-P-A-T-A.
27
28 Q: And your date of birth?
29
30 A: .
31
32 Q: And the last four of your Social?
33
34 A: .
35
36 Q: And your address?
37
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 2
38 A: 421 East 168th Street, Bronx, New York 10456.
39
40 Q: At the time of the incident were you employed?
41
42 A: No.
43
44 Q: OK. Are you employed right now?
45
46 A: Yes.
47
48 Q:
49
50 A: .
51
52 Q:
53
54 A:
55
56 Q:
57
58 A:
59
60 Q:
61
62
63 A:
64
65 Q: OK. Um, do you have a driver’s license?
66
67 A: Yes.
68
69 Q: And what state is that in?
70
71 A: New York.
72
73 Q: Are there any restrictions or revoke it, r-, r-, revocations on your license?
74
75 A: No.
76
77 Q: M’kay. Um, can you tell me a little bit about how you became, um, uh, to rent a Turo
78 vehicle?
79
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 3
80 A: Sorry repeat that question?
81
82 Q: How did you become, uh, that you rented the Turo vehicle? That you leased the Turo
83 vehicle? Did you have an app on your phone? Or how does that work?
84
85 A: Yes. I used the app on my phone and it was for a family vacation.
86
87 Q: Family vacation. OK. Have you, uh, ever used the Turo vehicle before?
88
89 A: No.
90
91 Q: No, this is the first time you’ve leased from Turo?
92
93 A: Yes ma’am.
94
95 Q: Do you remember the exact date that you got the vehicle?
96
97 A: Yes ma’am.
98
99 Q: And when was that?
100
101 A: July 19th, 2020.
102
103 Q: July 19th?
104
105 A: Yes ma’am.
106
107 Q: M’kay. How many days did you rent it for?
108
109 A: It was supposed to be, I believe I picked it up either on a Thursday or Friday I’m not too
110 sure what day was July 19th, but I was supposed to keep it until that Sunday.
111
112 Q: OK. So that would be the following Sunday, the 26th?
113
114 A: Yes ma’am.
115
116 Q: OK. Where did you pick the vehicle up from?
117
118 A: New Jersey.
119
120 Q: M’kay. Did you m-, meet with anybody? Or did they just leave the key for you
121 somewhere? Or have, how did that work?
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 4
122
123 A: Yes I met with the owner of the car Mohammad [SP].
124
125 Q: OK. Did you ever meet or know Mohammad before this?
126
127 A: No. Well just through the whole registration part of trying to get the car.
128
129 Q: OK. Gotcha. So what type of vehicle was it?
130
131 A: It was a 2016 blue, blue Ford Fusion.
132
133 Q: OK. So you, you’re saying that the, that this happened on 7/19. I actually have the date of
134 the accident as seven, July 17th [sic]. Is that, is that incorrect? Is it the 19th that you, that
135 the accident happened?
136
137 A: Uh, give me a second. I’m gonna have to look at a calendar. Oh, yes. It was July 17th
138 [sic], my apologies. I got the Sunday mixed up. That Sunday July 19th I believe I was
139 supposed to return the car.
140
141 Q: OK. So, so you, you had the car from was it the Sunday before?
142
143 A: No. I picked it up on the 17th [sic]. The 17th [sic] is when the accident occurred.
144
145 Q: OK.
146
147 A: The same day I picked up the car.
148
149 Q: OK. So the accident happened on, on 7/17 [sic]. And you were, when were you supposed
150 to return the car?
151
152 A: I was supposed to turn the car I believe that Sunday.
153
154 Q: OK. The 21st?
155
156 A: Yes. No. The 21st was on Tuesday.
157
158 Q: OK. I’m sorry. I was lookin’ at, so you . . .
159
160 A: That Sunday I was supposed to return the car. The 19th [sic].
161
162 Q: The 19th [sic]. OK. So you rented the, you got the car on the 17th [sic]for a family
163 vacation and you were supposed to return it on the 19th [sic]?
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 5
164
165 A: Yes ma’am.
166
167 Q: Where were you going on vacation?
168
169 A: It was to an Airbnb in Pennsylvania.
170
171 Q: OK. Do you remember the exact time of the accident?
172
173 A: I believe it was around, um, give me a second. I have a picture of this. Of when the
174 accident occurred. Should be up in one second real quick. The accident occurred on one,
175 around 1:00 p.m.
176
177 Q: And where were you? What street or road?
178
179 A: Cross Bronx Expressway.
180
181 Q: M’kay.
182
183 A: Cross Bronx Expressway.
184
185 Q: OK. And where, where were you heading to? Were you heading to a, the Airbnb in
186 Pennsylvania?
187
188 A: Yes for a family vacation.
189
190 Q: M’kay. Who was with you in the car?
191
192 A: My friend Victoria Richardson and her brother.
193
194 Q: Victoria Richardson. And what’s her brother’s name?
195
196 A: I’m not, I don’t know his first name but I, I know he’s just, uh, he’s a Richardson because
197 that’s her brother.
198
199 Q: M’kay. Could you just speak a little louder? I had, I had . . .
200
201 A: I don’t know her brother’s, I don’t know her brother’s [background noise] but I know
202 that, um, his last name’s Richardson because that’s her brother but I’m, I’m, I’m unsure
203 of his first name.
204
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 6
205 Q: OK. So Victoria Richardson was in your vehicle with her brother who has the same last
206 name Richardson but you don’t know his first name?
207
208 A: Yes.
209
210 Q: How long did you, how long have you known them for?
211
212 A: I’ve known her for a long period of time. Not her brothers.
213
214 Q: OK. So how, how old approximately is Victoria?
215
216 A: Victoria is turning, she’s 21 years old currently.
217
218 Q: OK. And how ‘bout her brother?
219
220 A: I’m not too sure.
221
222 Q: OK. Was he a child do you think? Like under 18? Or was he older than that?
223
224 A: No he was probably around our age.
225
226 Q: Your age, OK. So, um, so where was everybody sitting?
227
228 A: I was the driver. Victoria Richardson was the passenger and her brother was sitting
229 behind her.
230
231 Q: OK. Did you have your seat belt with shoulder harness on?
232
233 A: Yes.
234
235 Q: Did the passengers?
236
237 A: Yes.
238
239 Q: How was the weather outside?
240
241 A: It was, it wasn’t cloudy or anything. It was sunny.
242
243 Q: OK.
244
245 A: Everything was fine.
246
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 7
247 Q: How, how was the traffic on the cross Bronx Expressway?
248
249 A: It was pretty heavy.
250
251 Q: M’kay. So, um, in your own words can you describe how the incident occurred?
252
253 A: OK. Before that I would like to say that I did pick up the car the 19th. Not the 17th. And I
254 rented the car, rented the car until the 22nd of July.
255
256 Q: OK. So you picked up the car on July 19th.
257
258 A: Yes. That’s when the accident occurred. Not the 17th.
259
260 Q: OK. So the accident happened on July 19th?
261
262 A: Yes. When I picked up the car.
263
264 Q: OK. How . . .
265
266 A: I rented it out ‘til the 22nd.
267
268 Q: OK. How long did you, how long did you have the car for? Like what time did you pick
269 it up?
270
271 A: I picked it up at 8:30 a.m.
272
273 Q: OK. And then you said the accident happened around 1:00 p.m.?
274
275 A: Yes ma’am.
276
277 Q: OK. All right so in your own words describe how the incident occurred.
278
279 A: So as the family and I were proceeding onto Cross Bronx Expressway, the family that I
280 was following, they also had a minivan. They merged onto the Cross Bronx Expressway
281 and then I met the Amazon truck or van, well it was a Budget truck but a Amazon driver
282 was in that vehicle. I proceeded to let them go and then I merged onto the Cross Bronx
283 Express Highway. And as I was driving I seen that the Budget truck had hit the car, the
284 van that’s the family that I was following in front. And they stopped short. So as I
285 stopped my car to a complete stop the Amazon van put his car in reverse and proceeded
286 into us and reversed into us.
287
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 8
288 Q: OK. So just to go over this again so you were following a family in a van. Who was that
289 family that you were following?
290
291 A: Victoria Richardson’s family.
292
293 Q: Do you know who was in that van?
294
295 A: Yes.
296
297 Q: And what’s their names?
298
299 A: Their name, well it was Victoria’s father, he goes by the name of Lonnie Richardson. Her
300 mother, who goes by the name of Vicki Richardson [SP]. Her brother who, I know his
301 first name is Douglas I’m not too sure of his last name. And then he had his daughter
302 with him. And her sister, her, Victoria’s sister which is, uh, Lillian Richardson.
303
304 Q: OK. So you’re saying Douglas had his daughter with him?
305
306 A: Sorry your breaking up.
307
308 Q: Dou-, Douglas had a daughter with him?
309
310 A: Yes. He had his daughter with him.
311
312 Q: OK. So you guys were just getting onto the, onto the Cross Bronx? ‘Cause you’re saying
313 that you had, you had, you were merging onto w-, did you just get on from anoth-, from
314 an entrance area or from another highway?
315
316 A: No. No. We had already merged onto the highway. We were gonna pass exit of Jerome
317 Avenue when the accident occurred.
318
319 Q: OK. So you’re passing Jerome. So how long were you on the Cross Bronx for?
320
321 A: I probably say for a minute and a half max.
322
323 Q: M’kay. What lane were you in?
324
325 A: The right lane.
326
327 Q: Right lane. So did you just get on f-, at the entrance before Jerome Avenue?
328
329 A: Sorry. Say that again?
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 9
330
331 Q: Did . . .
332
333 A: We got on the entrance on the Webster side.
334
335 Q: Webster. OK.
336
337 A: I believe that’s, yes.
338
339 Q: You got on at Webster. You were on it for a minute and a half. You were traveling in the
340 right lane before the accident happened.
341
342 A: Yes ma’am.
343
344 Q: Where did the Budget Amazon vehicle come from?
345
346 A: The Budget Amazon vehicle was already on the highway.
347
348 Q: OK. Where, did he change lanes or anything?
349
350 A: No. He was in the same lane.
351
352 Q: OK. Um, what was the speed of your vehicle?
353
354 A: Speed of my vehicle?
355
356 Q: Yep.
357
358 A: 15 miles per hour.
359
360 Q: M’kay. So you . . .
361
362 A: ‘Cause it was a little bit of traffic that was occurring.
363
364 Q: OK. So you, you actually witnessed and saw the, the Budget vehicle hit into the family
365 van that you were following?
366
367 A: Yes. Yes.
368
369 Q: What was the speed of the Budget vehicle at the time? Did, were you able to tell that?
370
371 A: No. I could not. I was not able to tell.
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 10
372
373 Q: M’kay. So at any time did you hit into the Budget vehicle?
374
375 A: No. He reversed into me.
376
377 Q: OK. What was the speed, were you stopped like you said before? That you were stopped
378 when he reversed into you?
379
380 A: Yes ma’am.
381
382 Q: So you were not, you were not traveling forward?
383
384 A: No.
385
386 Q: Can you estimate the speed of his vehicle when he was backing up into you?
387
388
389 A: I’m not too sure. I was just honking my horn so he could stop but he proceeded to go.
390
391 Q: So you were honking your horn to, to tell him that you were behind him?
392
393 A: Yes ma’am.
394
395 Q: M’kay. Do you know what happened as to why he hit into the van? That you sa-, you said
396 that you saw that happen. So what, why did that happen? Or how, how did that happen?
397
398 A: He just said that he seen the van stop short and he didn’t have any time to brake in time.
399
400 Q: OK. How long were you following him? The Budget?
401
402 A: Sorry. Say that again?
403
404 Q: How long were you following the Budget van? The Budget vehicle, truck?
405
406 A: For the, for the same amount of time that I’ve merged onto the Cross Bronx Expressway.
407
408 Q: Gotcha. OK. So did you ever speak to the driver of the Budget vehicle?
409
410 A: Yes.
411
412 Q: Did he say anything to you that you can recall?
413
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 11
414
415 A: He just kept telling me that he doesn’t know what happened. That he seen the car stop
416 short and he doesn’t know why. He didn’t have time to hit his brakes in time.
417
418 Q: M’kay. But . . .
419
420 A: And that he thought that nobody was behind him therefore he put his van in reverse and
421 then that’s when he reversed into me.
422
423 Q: M’kay. Did, did you know the driver of the Budget vehicle?
424
425 A: No.
426
427 Q: Y-, you not, you never saw him before and you don’t know who he is?
428
429 A: No. I’ve never met him.
430
431 Q: Mm-hmm. Was anybody in, in, in your vehicle or in the van, did they know him?
432
433 A: No.
434
435 Q: M’kay. Did the police come?
436
437 A: No.
438
439 Q: Uh, did you call the police?
440
441 A: Yes. But they told us to just get off the highway because it was a, it was a, um, they, they
442 just told us to get off the highway due to the fact that there was traffic.
443
444 Q: OK. Did, is that, was that a telephone conversation that you had with them? Or did
445 somebody else have that conversation?
446
447 A: Somebody else had a conversation.
448
449 Q: OK. Was it the Budget driver or was it the van, the family van?
450
451 A: The father of Victoria Richardson. I was with him at the moment.
452
453 Q: OK. So the police, uh, the police never came to the scene?
454
455 A: No.
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 12
456
457 Q: Did anybody stop and give you in their name if they were a witness to this incident?
458
459 A: No.
460
461 Q: Did anybody that you know of, yourself or, or your friends ever go to report this to the
462 police department later on?
463
464 A: Sorry. Say that again?
465
466 Q: Did any . . .
467
468 A: Probably [crosstalk].
469
470 Q: . . . anybody that you know of go and report this to the police at a later time?
471
472 A: I’m not too sure.
473
474 Q: OK.
475
476 A: I know we reported it to Turo and, and stuff.
477
478 Q: OK. Did you ever communicate with anybody from Budget? Did they ever call you or
479 did you file a report with them?
480
481 A: Yes. Victoria Richardson’s father did everything for us.
482
483 Q: OK.
484
485 A: And I was contacting the owner of the rental of Turo which was Mohammad. I was
486 contacting him and letting him know everything that occurred.
487
488 Q: M’kay. Did you, did you take any pictures of Mohammad’s vehicle at the scene?
489
490 A: Yes.
491
492 Q: What, what type of damage did you have to the vehicle?
493
494 A: The damage that was towards the vehicle was the bumper it, I think the ventilation
495 system, the transmission, and the hood of the car.
496
497 Q: And was there any damage to that vehicle before?
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 13
498
499 A: No.
500
501 Q: So this occurred when the Budget vehicle backed up into you?
502
503 A: Yes ma’am.
504
505 Q: OK. So you were in, you weren’t traveling forward when, when the impact occurred?
506 You had already been at a complete stop?
507
508 A: Yes ma’am. I was not traveling forward.
509
510 Q: M’kay. Um, did you take picture of the Budget vehicle and, and the family van as well at
511 the scene?
512
513 A: Yes ma’am.
514
515 Q: M’kay. Well perhaps maybe, uh, you can submit those to your attorney and maybe
516 Jessica you could get them over to us for the claim file at some point? That would be
517 good.
518
519 ATTY: Yeah. No problem.
520
521 Q:
522
523 A:
524
525 Q:
526
527 A:
528
529 Q:
530
531 A:
532
533 Q: Did the ambulance come?
534
535 A: No.
536
537 Q: Did anybody in your vehicle, uh, go to the hospital or worse taken away by an ambulance
538 that you know of?
539
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 14
540 A: No.
541
542 Q:
543
544 A:
545
546 Q: M’kay. Did you, did you end up going on the family vacation?
547
548 A: Yes.
549
550 Q: You, you and how did you guys get there?
551
552 A: We, the van that was hit first, um, Victoria’s father’s van they proceeded to go to the
553 family vacation and we acquired another rental.
554
555 Q: M’kay. Did you get another, uh, Turo?
556
557 A: No.
558
559 Q: Where’d you get a car from?
560
561 A: It was from, it was a place by John F. Kennedy Airport. Uh, f-, I forgot the name. I think
562 it was Avis I believe.
563
564 Q: OK. Was it under your name or somebody else’s?
565
566 A: Yes. It was under my name.
567
568 Q:
570
571 A:
572
573 Q: ...
574
575 A: .
576
577 Q:
578
579 A:
580
581 Q: OK. Was there a specific doctor that you saw?
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 15
582
583 A: No. Uh, I’m not too sure about the specific doctor honestly. I was just referred to this
584 office by my friend.
585
586 Q: OK. And which friend referred you?
587
588 A: Victoria Richardson.
589
590 Q: OK. Was she treating there as well?
591
592 A: Yes.
593
594 Q: M’kay. Was Victoria and her brother also injured in, in your vehicle?
595
596 A: Yes.
597
598 Q: M’kay. Were they, and they were both treating at the same facility?
599
600 A: Yes.
601
602 Q: How about the other family van? People in the family van? Were, were they all treating
603 at the same place too?
604
605 A: Yes.
606
607 Q: M’kay. At any time did your vehicle ever come in contact with the family van?
608
609 A: No.
610
611 Q: At any time did, did anybody say that you, you know, that the, did the Budget van after
612 he backed up into you did he hit the family van again? Or did, did your vehicle ever start
613 moving and hit into the Budget van?
614
615 A: No.
616
617 Q: OK. So you were referred to the medical center by Victoria and you believe that they
618 were all, uh, that Victoria and her family were also treating there as well.
619
620 A: Yes ma’am.
621
622 Q:
623
Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
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Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
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Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
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Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 19
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757 Q: M’kay. Um, is there anything else that you could say about the actual accident?
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Allegis Transcript ID: 4238235
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023
Recorded Interview of: Anthony Zapata [SP] = Spelling
Claim No.: AB949-393975-01 [RD] = Recording Damage
Date of Interview: 11/23/2020
Page 20
791 Q: Uh-huh. Did you, do you know if he’s gave you any information? Like did you exchange
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821 Q: M’kay. Thank you for this incident. With your permission I’ll turn off the recorder.
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823 ATTY: OK. Thank you.
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Allegis Transcript ID: 4238235
Preview
FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 EXHIBIT K FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 1 Q: Gina Lupo A: Anthony Zapata ATTY: Jessica Jasquez [SP] 1 Q: My name is Gina Lupo. Today’s date is November 23rd, 2020. The time is approximately 2 12:00 noon. The, um, I am calling from Liberty Mutual Insurance Company from my 3 cellphone number 516-301-0624. The subject of this interview is in regard to an 4 automobile accident that occurred on the Cross Bronx Expressway in the Bronx, New 5 York, on July 17th [sic], 2020. Uh, Liberty Mutual is the insurance company for Turo 6 Incorporated. Um, on this call is the driver of the Turo vehicle Anthony Zapata along 7 with Jessica Jasquez from the attorney, um, Ickman Law Firm Office [sounds like]. Um, 8 the subject of this interview like I said is in regard to an auto accident that occurred while 9 Anthony Zapata was operating a vehicle, uh, rented from Turo. Mr. Zapata do you realize 10 I’m recording this interview? 11 12 A: Yes ma’am. 13 14 Q: And do I have your permission to record? 15 16 A: Yes ma’am. 17 18 Q: Jessica Jasquez do you realize I’m recording your client’s statement? And do I have your 19 permission to record? 20 21 22 ATTY: Yes. 23 24 Q: OK. Anthony can you please tell me your name and spell your last name? 25 26 A: My name is Anthony Zapata. The way my last name is spelled is Z-A-P-A-T-A. 27 28 Q: And your date of birth? 29 30 A: . 31 32 Q: And the last four of your Social? 33 34 A: . 35 36 Q: And your address? 37 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 2 38 A: 421 East 168th Street, Bronx, New York 10456. 39 40 Q: At the time of the incident were you employed? 41 42 A: No. 43 44 Q: OK. Are you employed right now? 45 46 A: Yes. 47 48 Q: 49 50 A: . 51 52 Q: 53 54 A: 55 56 Q: 57 58 A: 59 60 Q: 61 62 63 A: 64 65 Q: OK. Um, do you have a driver’s license? 66 67 A: Yes. 68 69 Q: And what state is that in? 70 71 A: New York. 72 73 Q: Are there any restrictions or revoke it, r-, r-, revocations on your license? 74 75 A: No. 76 77 Q: M’kay. Um, can you tell me a little bit about how you became, um, uh, to rent a Turo 78 vehicle? 79 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 3 80 A: Sorry repeat that question? 81 82 Q: How did you become, uh, that you rented the Turo vehicle? That you leased the Turo 83 vehicle? Did you have an app on your phone? Or how does that work? 84 85 A: Yes. I used the app on my phone and it was for a family vacation. 86 87 Q: Family vacation. OK. Have you, uh, ever used the Turo vehicle before? 88 89 A: No. 90 91 Q: No, this is the first time you’ve leased from Turo? 92 93 A: Yes ma’am. 94 95 Q: Do you remember the exact date that you got the vehicle? 96 97 A: Yes ma’am. 98 99 Q: And when was that? 100 101 A: July 19th, 2020. 102 103 Q: July 19th? 104 105 A: Yes ma’am. 106 107 Q: M’kay. How many days did you rent it for? 108 109 A: It was supposed to be, I believe I picked it up either on a Thursday or Friday I’m not too 110 sure what day was July 19th, but I was supposed to keep it until that Sunday. 111 112 Q: OK. So that would be the following Sunday, the 26th? 113 114 A: Yes ma’am. 115 116 Q: OK. Where did you pick the vehicle up from? 117 118 A: New Jersey. 119 120 Q: M’kay. Did you m-, meet with anybody? Or did they just leave the key for you 121 somewhere? Or have, how did that work? Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 4 122 123 A: Yes I met with the owner of the car Mohammad [SP]. 124 125 Q: OK. Did you ever meet or know Mohammad before this? 126 127 A: No. Well just through the whole registration part of trying to get the car. 128 129 Q: OK. Gotcha. So what type of vehicle was it? 130 131 A: It was a 2016 blue, blue Ford Fusion. 132 133 Q: OK. So you, you’re saying that the, that this happened on 7/19. I actually have the date of 134 the accident as seven, July 17th [sic]. Is that, is that incorrect? Is it the 19th that you, that 135 the accident happened? 136 137 A: Uh, give me a second. I’m gonna have to look at a calendar. Oh, yes. It was July 17th 138 [sic], my apologies. I got the Sunday mixed up. That Sunday July 19th I believe I was 139 supposed to return the car. 140 141 Q: OK. So, so you, you had the car from was it the Sunday before? 142 143 A: No. I picked it up on the 17th [sic]. The 17th [sic] is when the accident occurred. 144 145 Q: OK. 146 147 A: The same day I picked up the car. 148 149 Q: OK. So the accident happened on, on 7/17 [sic]. And you were, when were you supposed 150 to return the car? 151 152 A: I was supposed to turn the car I believe that Sunday. 153 154 Q: OK. The 21st? 155 156 A: Yes. No. The 21st was on Tuesday. 157 158 Q: OK. I’m sorry. I was lookin’ at, so you . . . 159 160 A: That Sunday I was supposed to return the car. The 19th [sic]. 161 162 Q: The 19th [sic]. OK. So you rented the, you got the car on the 17th [sic]for a family 163 vacation and you were supposed to return it on the 19th [sic]? Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 5 164 165 A: Yes ma’am. 166 167 Q: Where were you going on vacation? 168 169 A: It was to an Airbnb in Pennsylvania. 170 171 Q: OK. Do you remember the exact time of the accident? 172 173 A: I believe it was around, um, give me a second. I have a picture of this. Of when the 174 accident occurred. Should be up in one second real quick. The accident occurred on one, 175 around 1:00 p.m. 176 177 Q: And where were you? What street or road? 178 179 A: Cross Bronx Expressway. 180 181 Q: M’kay. 182 183 A: Cross Bronx Expressway. 184 185 Q: OK. And where, where were you heading to? Were you heading to a, the Airbnb in 186 Pennsylvania? 187 188 A: Yes for a family vacation. 189 190 Q: M’kay. Who was with you in the car? 191 192 A: My friend Victoria Richardson and her brother. 193 194 Q: Victoria Richardson. And what’s her brother’s name? 195 196 A: I’m not, I don’t know his first name but I, I know he’s just, uh, he’s a Richardson because 197 that’s her brother. 198 199 Q: M’kay. Could you just speak a little louder? I had, I had . . . 200 201 A: I don’t know her brother’s, I don’t know her brother’s [background noise] but I know 202 that, um, his last name’s Richardson because that’s her brother but I’m, I’m, I’m unsure 203 of his first name. 204 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 6 205 Q: OK. So Victoria Richardson was in your vehicle with her brother who has the same last 206 name Richardson but you don’t know his first name? 207 208 A: Yes. 209 210 Q: How long did you, how long have you known them for? 211 212 A: I’ve known her for a long period of time. Not her brothers. 213 214 Q: OK. So how, how old approximately is Victoria? 215 216 A: Victoria is turning, she’s 21 years old currently. 217 218 Q: OK. And how ‘bout her brother? 219 220 A: I’m not too sure. 221 222 Q: OK. Was he a child do you think? Like under 18? Or was he older than that? 223 224 A: No he was probably around our age. 225 226 Q: Your age, OK. So, um, so where was everybody sitting? 227 228 A: I was the driver. Victoria Richardson was the passenger and her brother was sitting 229 behind her. 230 231 Q: OK. Did you have your seat belt with shoulder harness on? 232 233 A: Yes. 234 235 Q: Did the passengers? 236 237 A: Yes. 238 239 Q: How was the weather outside? 240 241 A: It was, it wasn’t cloudy or anything. It was sunny. 242 243 Q: OK. 244 245 A: Everything was fine. 246 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 7 247 Q: How, how was the traffic on the cross Bronx Expressway? 248 249 A: It was pretty heavy. 250 251 Q: M’kay. So, um, in your own words can you describe how the incident occurred? 252 253 A: OK. Before that I would like to say that I did pick up the car the 19th. Not the 17th. And I 254 rented the car, rented the car until the 22nd of July. 255 256 Q: OK. So you picked up the car on July 19th. 257 258 A: Yes. That’s when the accident occurred. Not the 17th. 259 260 Q: OK. So the accident happened on July 19th? 261 262 A: Yes. When I picked up the car. 263 264 Q: OK. How . . . 265 266 A: I rented it out ‘til the 22nd. 267 268 Q: OK. How long did you, how long did you have the car for? Like what time did you pick 269 it up? 270 271 A: I picked it up at 8:30 a.m. 272 273 Q: OK. And then you said the accident happened around 1:00 p.m.? 274 275 A: Yes ma’am. 276 277 Q: OK. All right so in your own words describe how the incident occurred. 278 279 A: So as the family and I were proceeding onto Cross Bronx Expressway, the family that I 280 was following, they also had a minivan. They merged onto the Cross Bronx Expressway 281 and then I met the Amazon truck or van, well it was a Budget truck but a Amazon driver 282 was in that vehicle. I proceeded to let them go and then I merged onto the Cross Bronx 283 Express Highway. And as I was driving I seen that the Budget truck had hit the car, the 284 van that’s the family that I was following in front. And they stopped short. So as I 285 stopped my car to a complete stop the Amazon van put his car in reverse and proceeded 286 into us and reversed into us. 287 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 8 288 Q: OK. So just to go over this again so you were following a family in a van. Who was that 289 family that you were following? 290 291 A: Victoria Richardson’s family. 292 293 Q: Do you know who was in that van? 294 295 A: Yes. 296 297 Q: And what’s their names? 298 299 A: Their name, well it was Victoria’s father, he goes by the name of Lonnie Richardson. Her 300 mother, who goes by the name of Vicki Richardson [SP]. Her brother who, I know his 301 first name is Douglas I’m not too sure of his last name. And then he had his daughter 302 with him. And her sister, her, Victoria’s sister which is, uh, Lillian Richardson. 303 304 Q: OK. So you’re saying Douglas had his daughter with him? 305 306 A: Sorry your breaking up. 307 308 Q: Dou-, Douglas had a daughter with him? 309 310 A: Yes. He had his daughter with him. 311 312 Q: OK. So you guys were just getting onto the, onto the Cross Bronx? ‘Cause you’re saying 313 that you had, you had, you were merging onto w-, did you just get on from anoth-, from 314 an entrance area or from another highway? 315 316 A: No. No. We had already merged onto the highway. We were gonna pass exit of Jerome 317 Avenue when the accident occurred. 318 319 Q: OK. So you’re passing Jerome. So how long were you on the Cross Bronx for? 320 321 A: I probably say for a minute and a half max. 322 323 Q: M’kay. What lane were you in? 324 325 A: The right lane. 326 327 Q: Right lane. So did you just get on f-, at the entrance before Jerome Avenue? 328 329 A: Sorry. Say that again? Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 9 330 331 Q: Did . . . 332 333 A: We got on the entrance on the Webster side. 334 335 Q: Webster. OK. 336 337 A: I believe that’s, yes. 338 339 Q: You got on at Webster. You were on it for a minute and a half. You were traveling in the 340 right lane before the accident happened. 341 342 A: Yes ma’am. 343 344 Q: Where did the Budget Amazon vehicle come from? 345 346 A: The Budget Amazon vehicle was already on the highway. 347 348 Q: OK. Where, did he change lanes or anything? 349 350 A: No. He was in the same lane. 351 352 Q: OK. Um, what was the speed of your vehicle? 353 354 A: Speed of my vehicle? 355 356 Q: Yep. 357 358 A: 15 miles per hour. 359 360 Q: M’kay. So you . . . 361 362 A: ‘Cause it was a little bit of traffic that was occurring. 363 364 Q: OK. So you, you actually witnessed and saw the, the Budget vehicle hit into the family 365 van that you were following? 366 367 A: Yes. Yes. 368 369 Q: What was the speed of the Budget vehicle at the time? Did, were you able to tell that? 370 371 A: No. I could not. I was not able to tell. Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 10 372 373 Q: M’kay. So at any time did you hit into the Budget vehicle? 374 375 A: No. He reversed into me. 376 377 Q: OK. What was the speed, were you stopped like you said before? That you were stopped 378 when he reversed into you? 379 380 A: Yes ma’am. 381 382 Q: So you were not, you were not traveling forward? 383 384 A: No. 385 386 Q: Can you estimate the speed of his vehicle when he was backing up into you? 387 388 389 A: I’m not too sure. I was just honking my horn so he could stop but he proceeded to go. 390 391 Q: So you were honking your horn to, to tell him that you were behind him? 392 393 A: Yes ma’am. 394 395 Q: M’kay. Do you know what happened as to why he hit into the van? That you sa-, you said 396 that you saw that happen. So what, why did that happen? Or how, how did that happen? 397 398 A: He just said that he seen the van stop short and he didn’t have any time to brake in time. 399 400 Q: OK. How long were you following him? The Budget? 401 402 A: Sorry. Say that again? 403 404 Q: How long were you following the Budget van? The Budget vehicle, truck? 405 406 A: For the, for the same amount of time that I’ve merged onto the Cross Bronx Expressway. 407 408 Q: Gotcha. OK. So did you ever speak to the driver of the Budget vehicle? 409 410 A: Yes. 411 412 Q: Did he say anything to you that you can recall? 413 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 11 414 415 A: He just kept telling me that he doesn’t know what happened. That he seen the car stop 416 short and he doesn’t know why. He didn’t have time to hit his brakes in time. 417 418 Q: M’kay. But . . . 419 420 A: And that he thought that nobody was behind him therefore he put his van in reverse and 421 then that’s when he reversed into me. 422 423 Q: M’kay. Did, did you know the driver of the Budget vehicle? 424 425 A: No. 426 427 Q: Y-, you not, you never saw him before and you don’t know who he is? 428 429 A: No. I’ve never met him. 430 431 Q: Mm-hmm. Was anybody in, in, in your vehicle or in the van, did they know him? 432 433 A: No. 434 435 Q: M’kay. Did the police come? 436 437 A: No. 438 439 Q: Uh, did you call the police? 440 441 A: Yes. But they told us to just get off the highway because it was a, it was a, um, they, they 442 just told us to get off the highway due to the fact that there was traffic. 443 444 Q: OK. Did, is that, was that a telephone conversation that you had with them? Or did 445 somebody else have that conversation? 446 447 A: Somebody else had a conversation. 448 449 Q: OK. Was it the Budget driver or was it the van, the family van? 450 451 A: The father of Victoria Richardson. I was with him at the moment. 452 453 Q: OK. So the police, uh, the police never came to the scene? 454 455 A: No. Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 12 456 457 Q: Did anybody stop and give you in their name if they were a witness to this incident? 458 459 A: No. 460 461 Q: Did anybody that you know of, yourself or, or your friends ever go to report this to the 462 police department later on? 463 464 A: Sorry. Say that again? 465 466 Q: Did any . . . 467 468 A: Probably [crosstalk]. 469 470 Q: . . . anybody that you know of go and report this to the police at a later time? 471 472 A: I’m not too sure. 473 474 Q: OK. 475 476 A: I know we reported it to Turo and, and stuff. 477 478 Q: OK. Did you ever communicate with anybody from Budget? Did they ever call you or 479 did you file a report with them? 480 481 A: Yes. Victoria Richardson’s father did everything for us. 482 483 Q: OK. 484 485 A: And I was contacting the owner of the rental of Turo which was Mohammad. I was 486 contacting him and letting him know everything that occurred. 487 488 Q: M’kay. Did you, did you take any pictures of Mohammad’s vehicle at the scene? 489 490 A: Yes. 491 492 Q: What, what type of damage did you have to the vehicle? 493 494 A: The damage that was towards the vehicle was the bumper it, I think the ventilation 495 system, the transmission, and the hood of the car. 496 497 Q: And was there any damage to that vehicle before? Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 13 498 499 A: No. 500 501 Q: So this occurred when the Budget vehicle backed up into you? 502 503 A: Yes ma’am. 504 505 Q: OK. So you were in, you weren’t traveling forward when, when the impact occurred? 506 You had already been at a complete stop? 507 508 A: Yes ma’am. I was not traveling forward. 509 510 Q: M’kay. Um, did you take picture of the Budget vehicle and, and the family van as well at 511 the scene? 512 513 A: Yes ma’am. 514 515 Q: M’kay. Well perhaps maybe, uh, you can submit those to your attorney and maybe 516 Jessica you could get them over to us for the claim file at some point? That would be 517 good. 518 519 ATTY: Yeah. No problem. 520 521 Q: 522 523 A: 524 525 Q: 526 527 A: 528 529 Q: 530 531 A: 532 533 Q: Did the ambulance come? 534 535 A: No. 536 537 Q: Did anybody in your vehicle, uh, go to the hospital or worse taken away by an ambulance 538 that you know of? 539 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 14 540 A: No. 541 542 Q: 543 544 A: 545 546 Q: M’kay. Did you, did you end up going on the family vacation? 547 548 A: Yes. 549 550 Q: You, you and how did you guys get there? 551 552 A: We, the van that was hit first, um, Victoria’s father’s van they proceeded to go to the 553 family vacation and we acquired another rental. 554 555 Q: M’kay. Did you get another, uh, Turo? 556 557 A: No. 558 559 Q: Where’d you get a car from? 560 561 A: It was from, it was a place by John F. Kennedy Airport. Uh, f-, I forgot the name. I think 562 it was Avis I believe. 563 564 Q: OK. Was it under your name or somebody else’s? 565 566 A: Yes. It was under my name. 567 568 Q: 570 571 A: 572 573 Q: ... 574 575 A: . 576 577 Q: 578 579 A: 580 581 Q: OK. Was there a specific doctor that you saw? Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 15 582 583 A: No. Uh, I’m not too sure about the specific doctor honestly. I was just referred to this 584 office by my friend. 585 586 Q: OK. And which friend referred you? 587 588 A: Victoria Richardson. 589 590 Q: OK. Was she treating there as well? 591 592 A: Yes. 593 594 Q: M’kay. Was Victoria and her brother also injured in, in your vehicle? 595 596 A: Yes. 597 598 Q: M’kay. Were they, and they were both treating at the same facility? 599 600 A: Yes. 601 602 Q: How about the other family van? People in the family van? Were, were they all treating 603 at the same place too? 604 605 A: Yes. 606 607 Q: M’kay. At any time did your vehicle ever come in contact with the family van? 608 609 A: No. 610 611 Q: At any time did, did anybody say that you, you know, that the, did the Budget van after 612 he backed up into you did he hit the family van again? Or did, did your vehicle ever start 613 moving and hit into the Budget van? 614 615 A: No. 616 617 Q: OK. So you were referred to the medical center by Victoria and you believe that they 618 were all, uh, that Victoria and her family were also treating there as well. 619 620 A: Yes ma’am. 621 622 Q: 623 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 16 624 A: 625 626 627 628 Q: 629 630 A: 631 632 Q: 633 634 A: 635 636 Q: 637 638 639 A: 640 641 Q: 642 643 644 645 A: 646 647 Q: 648 649 650 A: 651 652 Q: 653 654 655 A: 656 657 Q: 658 659 A: 660 661 Q: ? 662 663 A: 664 665 Q: Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 17 666 667 A: 668 669 Q: 670 671 A: . 672 673 Q: 674 675 676 A: . 677 678 Q: 679 680 681 A: 682 683 Q: r 684 685 686 A: 687 688 689 Q: 690 691 A: 692 693 Q: 694 695 A: 696 697 Q: 698 699 A: 700 701 Q: 702 703 A: 704 705 Q: 706 707 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 18 708 A: 709 710 711 Q: 712 713 A: 714 715 Q: 716 717 A: . 718 719 Q: 720 721 722 A: 723 724 Q: 725 726 A: 727 728 729 Q: 730 731 A: 732 733 Q: 734 735 A: 736 737 738 739 Q: 740 741 A: 742 743 Q: 744 745 A: 746 747 Q: 748 749 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 19 750 A: 751 752 Q: r 753 754 755 A: 756 757 Q: M’kay. Um, is there anything else that you could say about the actual accident? 758 759 A: No ma’am. 760 761 Q: 762 763 764 A: 765 766 Q: 767 768 A: 769 770 Q: 771 772 A: . 773 774 Q: 775 776 A: 777 778 779 Q: 780 781 A: 782 783 Q: M’kay. All right. Is there anything else that you could say about this? 784 785 A: No ma’am. 786 787 Q: Did then, and did you obtain the name of the, of the Budget driver? 788 789 A: Yes ma’am. 790 Allegis Transcript ID: 4238235 FILED: BRONX COUNTY CLERK 11/22/2023 05:16 PM INDEX NO. 810645/2023E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/22/2023 Recorded Interview of: Anthony Zapata [SP] = Spelling Claim No.: AB949-393975-01 [RD] = Recording Damage Date of Interview: 11/23/2020 Page 20 791 Q: Uh-huh. Did you, do you know if he’s gave you any information? Like did you exchange 792 insurance cards or anything like that? 793 794 A: I have his driver’s license. 795 796 Q: OK. 797 798 A: Well I took a picture of his driver’s license sorry. 799 800 Q: OK. And has he contacted you any time after this accident? 801 802 A: No ma’am. 803 804 Q: M’kay. Did you fill out and MV104? 805 806 A: I’m not sure what that is ma’am. 807 808 Q: OK. I’ll check with your attorney. All right. Is there anything else that you could say 809 about this? 810 811 A: No ma’am. 812 813 Q: Have you understood all of my questions? 814 815 A: Yes ma’am. 816 817 Q: Have all your answers been the truth? 818 819 A: Yes ma’am. 820 821 Q: M’kay. Thank you for this incident. With your permission I’ll turn off the recorder. 822 823 ATTY: OK. Thank you. 824 825 Q: Anthony I have your permission as well? 826 827 A: Yes ma’am. 828 829 Q: OK. Allegis Transcript ID: 4238235