Legal Question in Personal Injury in New York
I got into a car accident roughly 3 weeks ago. I stated in the police report that the girl had went through the red light, and she had stated the same. There were no witnesses to provide additional information. Based on the evidence/pictures, I believe that I should have won the case, but the insurance, State Farm, stated that it was no fault. I do not have collision insurance on my car, therefore I am receiving no money for any of the damages. So now I am stuck with a totaled car (as stated by State Farm). In providing a little bit more background information, I believe there is a clear fault in her police report, which states that her light was turning from green to yellow before she crashed into me. Do I have any chance of winning this case in Small Claims Court? Is it worth it to even try if there were not witnesses and the insurance already claimed it as No Fault? Thank you very much for your assistance.
2 Answers from Attorneys
Yes. No fault has nothing to do with liability. It has to do with medical care. You can sue in small claims court and subpoena the cop to the trial.
No-fault refers to payment of medical bills and lost earnings if out of work on account of the injuries. No-fault has nothing to do with property damage. If your property damage is less than $5,000 go to Small Claims Court. If more, you may have to proceed in Civil or County court. But you might first try making a deal with the State Farm aduster. Best, M. E. Zuller
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