Legal Question in Insurance Law in New York

Regulation 64, third party claims.

My car was recently damaged in an automotive accident that I do not believe was my fault (the other driver backed out of their driveway in front of me). Regardless of this, I filed a claim against their insurance- (allstate) (because I do not have collision coverage) -on tuesday july 29th, I am moving to Florida in two days (thursday aug. 7th) and need to repair the car ASAP. Does NY state Regulation 64 state that they(allstate) must inspect my car (prior to repairs) within 6 business days or they forfeit their right to do so? Or does that only apply to first-party collision-type coverage? If it is the case that it only applies to first-party coverage, does the insurance company have any legal right to inspect the car (prior to repairs) at all (given it is a third party claim)?


Asked on 8/05/08, 3:54 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Regulation 64, third party claims.

Regulation 64 applies to this claim. But it cannot force Allstate to settle.

Here's a clue: Allstate will not settle with you at this time. They will offer you 50 cents on the dollar when you file the small claims action and maybe 75 cents at the start of the trial.

Just because Allstate does not inspect the car does not mean they have to pay. You have to prove your liability case. If Allstate knows you're moving to Florida, it's a guarantee that they will not settle and they will also adjourn the small claims hearing to death.

You have to document the damage to your car. Take photos of everything and have the body shop sign off on the prints with the statement that the photograph is a fair and accurate depiction of the car.

Good luck, this is not going to be easy. Even if the insurer was a "good" insurer, like Federal.

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Answered on 8/05/08, 4:01 pm


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