Legal Question in Civil Litigation in New York

property damage charge too high
My daughter who was 18 drove my car, span off the road and caused damage to underground cable of a telephone company in Mar 05. We got the repair bill of $42,731.32 eight months later, which far exceeds my property damage liability coverage. We suspect the charged is much higher than the real damage/repair for the following reasons: The material was only $448.82 and the rest was labor; my daughter was not injured and the car was not severely damaged. My car insurance company is currently conducting an investigation on this. Since so much money is at stake, I would like to get prepared for the worst. I would like to ask for advice on what are my options when the telephone company takes legal actions against me?

Asked on 11/12/05, 7:18 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: property damage charge too high

When and if the telephone company sues you,

your auto insurance company will defend you in the lawsuit, and indemnify you for any judgment to the limits of your policy. The attorneys they retain will represent you and your daughter.

Your concern is somewhat premature, since they should try to settle the case within the policy limits, and if they do not, you will have a bad faith action against them.

By the way the material costs can be much less then the labor, and depending where the work must be done (underground for instance) labor can be expensive.

Let the investigation be finished. Make sure you send all legal papers to the insurance company, and if the insurance company does not settle the case, retain local, separate counsel.

Answered on 11/13/05, 2:12 pm

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