Legal Question in Personal Injury in New York

I was in a MVA - another car made an unlawful turn and drove into the front of my car. My car 2010 camery toyota - toyota wants 24000 - and Allstate will pay 21000... When the initial accident occurred allstate said not to worry they would sue other party for the difference. I do not have gap insurance. Then we found out that other party has Allstate also - now they say I am on my own.... What should I do?


Asked on 8/19/10, 12:04 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Obviously I am answering this with limited info.

The insurance is paying for the value of the car. As soon as you drive a new car off the lot you lose $3K. The min ins policy in NY is $25K and in that case, that is all they pay, and Allstate is tough. You can try to go up the line with Allstate to get the extra money. Also, you can sue the driver in Sm Claims court for the extra $3K but who knows what the judge will do-your Blue Book value is $21K but I have seen Sm Claims judges ignore the law. When I sue, I name the ins co, title holder, driver, and registration owner as co-defendants. I am assuming this is your only "injury" (NY has special tough rules for auto accidents so essentially you need $50K in damages and/or a severe injury to sue). If you are on Long Island, call me at (631) 848-1204.

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Answered on 8/25/10, 3:19 am


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