Legal Question in Personal Injury in New York
Two nights ago, my vehicle was struck by a hit and run driver. Although the other vehicle drove away after my vehicle was immobilized, the licence plate from the hit and run vehicle fell off and I was able to give it to the police. They in turn were able to find the name and address of the second vehicle owner. However, my insurance company does not seem very optimistic that I will be able to make the other driver pay for damages to my vehicle. I know that hit and run is supposed to be a felony, but it seems that this boy is going to get off without any issues. I would at least like to make sure he pays the damages to my vehicle, and due to the serious nature of this (I just don't believe hit and run driving should be tolerated), I would like to make sure he is held as accountable as possible.
2 Answers from Attorneys
I am sorry to hear about your loss. I would disagree with your insurance company's belief that the hit and run driver's insurance company will not pay for your damages. If you have the license plate number and it's included in the police report then I would say you have a pretty good chance of them paying for your damages.
I would be more than happy to discuss your claim with you further. For an absolutely FREE consulation please give me a call at 347-702-4133 or email me at [email protected]
Yours truly,
Michael Krigsfeld, Esq.
I take it your auto policy does not include collision. If your carrier refuses to cover your property loss, have you subrogate and then sue, you may do so yourself. You seem to have the identities of the registered owner and driver of the vehicle. You will need either a paid bill for the repairs, or certified estimates, and if the damages are less than $5,000 you may file in Small Claims Court. The other option is to litigate against your own insurance company, but that is not advisable. Best, M. E. Zuller
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