Legal Question in Civil Litigation in New York
Can we get rid of car before collision litigation ends?
We have a van that was damaged by a rental van that hit it. Our van is a total loss as the repairs would far exceed book value. The rental agency's carrier offered us only 50% due to no witnesses and has already gotten 1 postponement in small claims due to their driver not showing up. We wish to dispose of the van to stop the monthly insurance drain. Do we need to keep it in order to continue fighting for a fair settlement? Also related to this, can the other party continue to get such postponements indefinitely with the same excuses? Do we have the right to oppose their request with the court officer who dispenses it? Last, does acceptance of their original offer mean we accept 50% responsibility for the collision? Thank you.
1 Answer from Attorneys
Re: Can we get rid of car before collision litigation ends?
You do not need to hold onto the van as long as you keep evidence. (Bills, Estimates, photos).
The other party cannot get adjournments indefinitely usually after 3 or 4 the case is marked "final" and will be heard unless there is a compelling reason for adjournment, also you do not have to consent to an adjournment, you can object in which case a judge will hear your objection and rule on whether to grant an adjournment or force both sides to proceed on the scheduled date.
Legally, it doesn't necesarilly mean that you are 50% at fault although that may be the way the insurance adjustor is valuing the case.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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