Legal Question in Insurance Law in New York

Myself and another person were parked in a large parking lot in the same row...maybe 3 cars apart. I backed out, cut my wheel and when I was out of the spot and about ready to shift into drive to go straight, I was hit in the rear by the other person who also backed out of her spot. Her car had no damage. My rear bumper was crushed in on the driver side. She did not want to report this thru her ins co. and asked me to get an estimate. I learned she is also currently unemployed. I sent her the estimate and have not heard back. It's been a week. I want to get my car fixed but don't want to possibly screw myself out of any other possible options to remedy the situation. I have 2 questions. 1.) Am I partially liable? 2.) Is it safe for me to get my car fixed prior to getting something from her in writing?

Asked on 11/30/15, 10:35 am

David Slater David P. Slater, Esq.

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1. Doubtful. She has the obligation to look before backing out.

2 . Doubtful. Does she have insurance?

3. If you sue her in small claims court, is she good for payment?

Answered on 11/30/15, 10:41 am

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