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
Re: Property damage
You should probably sue him in samll claims court and you have a 3 year statute of limitations.
Re: Property damage
Sue the owner/driver in small claims court.
Re: Property damage
You should sue the owner and/or driver of the other vehicle in small claims court. Small claims court allows up to $2999 in damages.
Make sure that you have a bill stamped "PAID" before you go to court though. There are evidentiary rules which you must follow in order to be victorious.