Legal Question in Insurance Law in New York

I was stopped at a residential corner of a T-junction, past the point of the intersection around 10:30pm. I had stopped to drop off a friend and exited my car to say goodbye. I pulled to the curb, put the car in park, checked my mirror, opened the door into an entirely empty 2 lane street, stepped out of the car, turned to face my friend on the other side of the car, then boom! A taxi came out of nowhere (presumably from the intersecting street), hit my door and drove on for a block before turning back to wait for the police.

A police report was filed and the taxis insurance inspected my car at a bodyshop, estimating the cost of repairs to be correct. Eventually they offered me a 50% liability settlement, but 2 months after filing a third party claim (I don't have collision coverage), the taxis insurance is denying my claim saying I opened my door into traffic. I had time to stop my vehicle, check for traffic, step entirely out of my vehicle, and turn towards my friend. Naturally, I think the taxi took the turn too fast and wasn't paying full attention. What, if any, grounds do I have for an appeal?


Asked on 1/21/15, 10:32 am

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Taxi insurance companies are notoriously odious in settlement of claims and their underhandedness is an understatement. You have no choice but to file suit. Try small claims court in your jurisdiction and find out if your damages are under their jurisdictional limit; usually $5,000.

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Answered on 1/21/15, 10:50 am
Michael Krigsfeld William Schwitzer & Associates, P.C.

Wow, I'm terribly sorry to hear about your experience. Dealing with an insurance carrier for a cab company is a real pain (I'm assuming it's American transit, countrywide or hereford). That being said, I do not advise anyone to try to settle any kind of case directly with an insurance company. They are slime balls and will try to take advantage of you without proper legal representation. I would be happy to give you and absolutely FREE consulation. I am at court at this moment but if you want please email me at [email protected] so we can correspond or you can call me a little later this afternoon at 347-702-4133. You absolutely need a copy of the police report so that I can look at it. Your passenger, although friendly to you, can also act as a witness. I hope to hear from you. Good luck!

Yours truly,

Michael Krigsfeld, Esq.

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Answered on 1/21/15, 10:52 am


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