Legal Question in Civil Litigation in New York

Small Claims to recover deductible;add ins costs?

I will be filing a small claims action in Queens County, where the defendant resides. The defendant hit my vehicle on the side while we were both westbound on the LIE. Def failed to stop. I made a police report and pursued it through my insurance company. I even reported the accident to def's ins. co.

Damage was 1,200 plus car rental. I had to pay my $500 deductible, which I am seeking to recover in court. Can I also claim the entire cost of the claim, even the part that my insurance company paid, even car rental?

Case went to arbitration as def claims not to have been on LIE. Amazingly, we lost arbitration. My insurance bill has now been increased and I will be incurring extra costs ofover $1000 in the next 3 years due to this accident, which was in no way my fault.

Am I permitted to sue the def for the additional monies I will be out due to the increase?

Thank you, in advance, for any help you can give me.


Asked on 3/05/05, 3:14 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Small Claims to recover deductible;add ins costs?

While you can recover the deductible assuming you can prove 100% liability, generally, no you can't recover what you have already been paid by insurance, nor cxan you recover the projected furture rise in your rates.

Costs are minimal, fixed by court: interest on a property damage claim runs from date of accident not the date of judgment.

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Answered on 3/06/05, 9:42 pm


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