Legal Question in Insurance Law in New York

accident settling

My insurance company settled an accident claim without notifying me. This girl back into me...I was at a complete stop. She admitted guilt to the cop and the cop wrote that in the accident report. I tried going after her insurance company to pay my claim and they gave me a hard time. I went back to my insurance company and they say they settled already for 50% and I will never get more than that with her insurance company! I was never notified! I never would have agreed to it. I pay them to fight for me! Can I sue my insurance company?


Asked on 12/14/06, 4:10 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

Re: accident settling

What is the nature of your claim? Is it for property damage? or personal injury?

You have to read your policy and see what it says. Usually the insurance company has subrogration rights, meaning that they are entitled to sue to recover any amounts that they paid you.

If your claim is for personal injury, and it is not "serious injury" as defined under the insurance law then you have no right to sue her anyway and are relegated to your no-fault insurance with your own company.

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Answered on 12/15/06, 1:54 am


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