Legal Question in Personal Injury in New York

ok so i had my car parked on the street the car that was parked behind me was hit and smashed into my car, the car that caused the whole thing pulled off. luckly i was able to see the car and find out the drivers information. its been almost a month and my car is still not fixed.im really fustrated with this whole situation ive been tossed back and forth. His insurance company claims they can not pay for my car to get fixed yet because they are still waiting for the other 2 cars total cost of damage. i just dont under stand why cant they just fix my car i do not have full coverage on my car so the option of having my insurance company to fix it isnt avaiable. Is there anything i can do as of right now. i am a snigle mother and i don not have extra cash to have my car fixed.


Asked on 12/19/12, 9:37 am

3 Answers from Attorneys

Michael Krigsfeld William Schwitzer & Associates, P.C.

The simple answer is that the liable party has a policy that covers a certain amount of property damage that he causes to others. If the insurance company has to pay for 3 cars in total then the chances are that it will go over his policy limit. In that case, they will divide the entire policy up between all the vehicles that were damaged and pay a portion of it. You will likely not get full compensation for the cost of repairs (if the policy is exhausted before all the cars are paid for) and may have to sue the adverse driver personally in either small claims court or civil court, depending on how much money is still owed to you. That is a headache all in of itself. Wish you all the best.

Michael Krigsfeld, Esq.

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Answered on 12/19/12, 9:45 am
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

If your damages are substantial, hire an attorney at an agreed retainer reasonable to you. Otherwise, initiate a small claims court action in the country where the defendant who caused the accident, resides.

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Answered on 12/19/12, 9:46 am

Presumably, you do not have collision insurance of your own. If you did, your carrier would pay to have your car fixed and look to the offending vehicle for reimbursement. Your options here are to wait for the other carrier to pay or, if the repair costs are less than $5,000, to go to Small Claims Court. In Small Claims Court you will need either a certified paid bill for the repairs, or a live mechanic to testify as to how much the repairs will cost. An estimate will likely not be enough evidence. Best, M. E. Zuller

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Answered on 12/21/12, 8:16 am


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