Legal Question in Insurance Law in New York

what now

my car was in an accident. the other car ran the stop sign and hit me.i filed a claim with the other insurance company but the other insured car did not report the accident.they totaled my car.now she is still not responding to the papers her insurance company is sending her.which is her accident report.she have gotten three notices.they told me i would have to take her to civil court if she doesnt respond.even though i have a police report stating they were speeding and driving intoxicated,and they jumped out of the car and ran and one person got arrested.what should i do i need a car.


Asked on 7/30/05, 8:35 pm

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

Re: Give Notice

In personal injury suits the cases in NY have developed a principle when the insured does not forward a summons and complaint to their insurer, allowing the Plaintiff to do so "as soon as reasonably practicable," and stand in the defendant's shoes vis-a-vis Notice to the insurer.

I don't know if this as been extended to the

property damage arena, but if you know the name of the other party's insurance company forward the suit papers to it, and tell them their insured is on the verge of defaulting. They will probably provide coverage if it exists.

These issues are usually litigated I separate suitscalled declaratory judgment actions which is why they don't normally involve property damage to auto's. I have several such appeals listed on my page.

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Answered on 7/31/05, 12:54 am


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