Legal Question in Civil Litigation in New York

Property damage

I was recently in a car accident, where the other driver didn't signal

and hit my vehicle as I passed on the right as he sat in the

intersection on the left, allowing oncoming vehicles to pass,

indicating he wanted to make a left. Police were called because

he didn't want to cooperate with exchanging the necessary papers.

The officers took our information and didn't verify that this person

had no insurance. His policy was canceled 16 days prior to the

accident. I was stuck with nearly 3,000 dollars worth of damage to

my vehicle. We didn't find out until his insurance company was

contacted to inquire whether he'd filed a claim, and was told that

he had been canceled. They also sent me a letter stating they

were not responsible for the damages incured. What steps do I

need to take to get this person to pay restitution for the damages

and inconviences he caused (2 weeks without the car) by his

negligence? Is there a time frame for filing a claim? Basically,

what is the proceedure that I need to follow to sucessfully take this

person before the system so that he is hopefully, kept from doing

this to another?

3 Answers from Attorneys

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