Legal Question in Insurance Law in New York

Hit by drunk driver - no injury just damage

We were hit by a drunk driver and our car was totaled - the driver admitted full responsibility to they insurance company and we were contacted by the insurance company who said that they would be dealing with us directly. It has been more than a month now and the insurance company has still not paid us for the car damage and the rental car. We contacted our insurance and they said it was to late and that we have to deal with the other company. We do not know what to do - our calls are ignored and we do not know if we need a lawyer or not.


Asked on 9/05/07, 7:09 pm

2 Answers from Attorneys

Scott Levinson Korybski & Levinson

Re: Hit by drunk driver - no injury just damage

With respect to your own insurance company, all policies have notice provisions which provide that the company be notified of an accident as soon as possible. They may be attempting to disclaim coverage because of late notice to them. You may be able to persuade them otherwise, but might need an attorney to do so. With respect to the insurance company of the other vehicle, they will try to delay payment as long as they possibly can. The possibility of a lawsuit may convince them to speed up the process. I have a great deal of experience in seeking recovery in property damage cases and I would be happy to speak with you further about your options. Please feel free to contact me at your earliest convenience.

Read more
Answered on 9/05/07, 7:30 pm
Kevin Connolly Kevin J. Connolly

Re: Hit by drunk driver - no injury just damage

If you had collision coverage and failed to notify your insurance company, you need to engage an attorney to handle the claim, because your failure to notify them means they do not have to pay.

The other driver's insurance is likely going to disclaim on grounds of intoxication. Make sure you have a certified mail receipt for the notice to the insurer. if more than 30 days have passed without a disclaimer, you're in like Flynn, but you'll have to file suit.

So in all cases, speak to an attorney. You definitely need to go to court on this one, and the sooner you file, the sooner you'll be paid.

Read more
Answered on 9/06/07, 11:54 am


Related Questions & Answers

More Insurance Law questions and answers in New York