Legal Question in Civil Litigation in New York

We donated a car. The donation company sent a towing company to tow the car.

The driver of the towing company, instead of towing the car on the tow truck decided to drive the car and hit the car in the neighbour's house.

The car did not have a license plate and the title was already given to the towing company's driver.

The car had no air in tires,as the car was parked in my house for 6 months about which I had informed the tow truck driver.

The neighbour's home insurance company has filed a lawsuit against us, claiming $19000 in damages, stating that we are responsible to pay for the damages.

I would seek your legal advice regarding what we should do.

Thank You,

Rajnikant Shah


Asked on 6/07/16, 4:55 pm

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Mr. Shah -

You need to hire an attorney immediately. If you do not answer the complaint within 30 days, you can be held in default and a judgment will be entered against you. Do NOT answer the complaint yourself; there are various defenses which you need to assert in your answer otherwise you risk waiver of those defenses.You will also need to implead the towing company if the towing company is not already named in the complaint.

You also need to notify your motor vehicle insurance carrier immediately (if the vehicle was still insured on the date of the accident). However, it is best to have your attorney contact your insurance because you can unwittingly make a statement which can be held against you. You may not realize this, but your insurance carrier is not your friend and is not on your side. Insurance companies want only to disclaim so that they do not have to pay out money which would otherwise go to their shareholders.

I wish there was an easier and less expensive way. I nevertheless hope this was helpful.

Marshall R Isaacs, Esq.

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Answered on 6/07/16, 8:14 pm


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