Legal Question in Personal Injury in New York

I was rear ended and filed a claim with State Farm Insurance. I was advised by the liability claims rep that after speaking with their insured it was his opinion they were at fault. State Farm scheduled an adjuster who inspected my vehicle. The adjuster provided me with a signed estimate for damages. The adjuster advised me that in the event the body shop found additional damages to contact the phone number on the settlement estimate and a supplement would be added. Once I did so State Farm advised me that the disclamer on the estimate indicated that the estimate was pending a final determination of liability. I advised State Farm this language was not indicated on the estimate. They then researched the matter and agreed. State Farm advised me they would be sending a letter recinding their offer. Based on insurance law is this allowed after they have provided a signed estimate.


Asked on 11/17/09, 9:52 am

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Unfortunately, we do not handle property damage cases.

We only handle the personal injury cases. If you feel the accident was the fault of the other driver and the insurance company is not willing to settle you should consider filing a claim in small claims court or civil court depending on the cost of the repair.

If you were injured as a result of the accident we may be able to represent you. You can contact us at (212) 962-1031 to schedule a free, no obligation consultation.

Patricia Martin-Gibbons

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Answered on 11/24/09, 8:03 pm


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