Legal Question in Personal Injury in New York
My roommate lent a car I had parked in my driveway to a friend while I was at work, I had just dropped the insurance because I was selling the car. Her friend had an accident which she admit was her fault, I was going to report this to the police but she promised to pay for the damages to my car, and she did. The other car involved, their insurance company paid for their damages. My licensed was restricted as well as the person who had the accident because the car was still registered in my name. Now the insurance company of the other party is suing the both of us $6,500 in Civil Court for reimbursement of damages paid to the other party's car. My question is do I have the right to ask to see proof of the $6,500 of damages in Civil Court, I previously asked the law firm for proof but never received it, now they filed papers in Civil Court, this girl is claiming that it was only a little dent? We cannot apply for restoration of our driver's license if we owe an insurance company money. I did not file a police report so I guess I am somewhat responsible. If I declare bankruptcy, will motor vehicle still show I owe the insurance company.
3 Answers from Attorneys
For such a small amount i would not go to bankruptcy. Retain counsel.
You need to retain a lawyer ASAP before the other side gets a default judgment against you. Feel free to call to discuss.
If you wish to go this alone, you do have the right to see proof of the damages claim, before trial. But you must answer the summons and complaint, either pro se (on your own) or by retaining an attorney. The other car's insurance company has brought a subrogation claim against you. They paid for the damage, under the collision portion of the policy. Because they feel your roommate was at fault, they are suing to recover the money. If the case goes to trial they will have to prove fault and damages. In proving damages, for example, they may have photos of the claimed damge and an itemized, certified invoice of repairs. You would be entitled to see these things before the trial. Your roommate might counter with testimony as to what she observed in damage immediately after the accident. If there are no photos taken at the accident scene, your roommate's testimony may be all you have. But if it's persuasive and credible, you can keep the damages award low. Best, M. E. Zuller
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