Legal Question in Insurance Law in New York
I was in car accident where I was at fault. The accident happened in NYC (I live in NJ and I am insured there). There was NO damage to my car besides some paint transfer from the other vehicle. The other vehicle had the same paint swipe, but wants to "throw" in other damage that she claims I caused. At first I was going to just let her get an estimate and challenge it with her later, but I decided to call the insurance company the next day. I let the other driver know and my company has since called her and sent her a letter. My insurance company also required me to send a police report to the state so I did that.That driver HAS NOT CONTACTED my company yet to get instructions on how to deal with her claim. It has been 19 days. How long does this driver have to respond to my insurance company since she is the affected driver? This person was quick to call the cops when the accident happened, but has been MIA since that day.
2 Answers from Attorneys
What do you care? You were wise to inform your insurance co. Let them handle it.
Property damage and personal injury suits are subject to a three-year statute of limitations. However, this claimant's failure to prosecute the claim does not help her cause. Let it sit.
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