Legal Question in Civil Litigation in New York

my daughter got into an accident with my car, all of the insurance and registration is in my name, the other driver was at complete fault of this accident and stated that on the police report. i want to file a small claim against the other driver, whom do i list as the plaintiff, myself or my daughter?


Asked on 8/15/11, 11:49 am

2 Answers from Attorneys

Betty Tsamis Tsamis Law Firm PC

You really ought to consider counsel in this matter. I used to work as an insurance defense attorney and am familiar with how unequal the playing field is between an injured party and someone negligent and their insurance company? Does the other driver not have insurance? If not, your insurance company would cover the loss (property and medical) unde your uninsured motorist coverage. You did not mention physical injuries nor did you describe how the accidentg occurred or when. If you have any concerns about yours and your daughter's physical helath and potential injuries arising out of this accident, you should immediately seek medical care.

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Answered on 8/15/11, 1:29 pm
Michael Markowitz Michael A. Markowitz, PC

Q. whom do i list as the plaintiff, myself or my daughter?

A. Both.

Mike.

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Answered on 8/15/11, 2:07 pm


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