Legal Question in Insurance Law in New York

Trouble with Insurance Company
I was hit by a driver attempting an illegal u-turn in the middle of a busy city street. The police officer called to the scene assigned fault to her and none to me, the driver of the other car. The accident report clearly states this finding. The cop didn't ticket the girl for other reasons. I have since been fighting with her insurance company to obtain the $1500 worth of damage to my car. In conversing with the adjuster, he advised us that the police report has no bearing on how they pay, if they pay. I understand in New York that there is no-fault, but this is ridiculous! She hit me doing an illegal u-turn, the cop found her at fault and her insurance only wants to give me 15%. I should not have to pay anything at all. If I use my insurance, my collision deductible is $500. I should not have to pay that. Now, I am thinking of going to small claims court to get my deductible back. Can an insurance company deny a claim based solely on the lies of their insured OR do they have to use what is written in the police report? Does this constitute bad faith? HELP!

Asked on 7/08/03, 12:26 pm

David Slater David P. Slater, Esq.

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Re: Trouble with Insurance Company

Sue the other driver in small claims court. You should have no problem proving fault.

Answered on 7/08/03, 4:41 pm

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