Legal Question in Personal Injury in New York
got in a car accident. a girl ran the red light and i had a green dedicated arrow to turn left. i turned got hit trucks a total loss. the catch is we have the same insurrance and i dont have collision. however they said as long as it is not my fault his company which is mine too will have to pay. she got a ticket for runnin the light and it said she was distracted talking with another girl in the car. but the police report says she claims to have a green light. so the insurrance company said they want to talk to the cop and see why he issued her a ticket. they did, now say that she is fighting the ticket. i am very unhappy because i just got denied. can i take allstate to small claims court? i rather take them because they assured i will be compesated and kept putting it off saying " we need the police report", then that wasn't good enough we need " to talk to the officer" and now denying me even tho the girl got a ticket
2 Answers from Attorneys
Well there seems to be a lot of issues that you have to deal with at the moment. Your insurance company will cover any of the medical treatment that you require. It is irrelevant that the both of you have the same insurance company. Your only option is filing a property damage claim against the other driver's insurance policy. They will, of course, investigate the matter and get a statement from their driver, view the police report, look at the points of impact, evaluate the scene of the accident (including the lights) and determine whether what their driver states even makes sense. The other driver can fight the ticket she received since all of us have the right to fight any ticket we receive. To answer your question, you may not take Allstate to court for this claim except if you plan on suing the driver and/or owner of the vehicle for personal injuries and/or property damage. Allstate is simply doing their due diligence in dertermining whether they will have exposure for this other driver. Once they have completed their investigation you may find that they still side with you. As I mentioned at the start, there are several issues that need to be resolved in your claim. For a completely free consultation please call me at the office tomorrow at 347-702-4133 or email me at [email protected].
Michael Krigsfeld, Esq.
It would seem you'll need to bring a lawsuit against the other driver (and vehicle owner) for property damage. If the amount involved is less than $5,000 you might consider Small Claims Court. Best, ME Zuller
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