Legal Question in Personal Injury in New York

Initially, the insurance Company is agreeing to resolve this matter upon consent. Most assuredly because their driver struck your vehicle in the rear, which in most all cases is 100% liability with a few exceptions. Regardless, they can enter into any settlement terms with you that you are willing to agree to in order to resolve this matter. With that in mind, you may negotiate the terms of any agreement. There is no reason that you need to accept all their terms. However, should you make an opposing demand to this offer, they can rescind the entire offer. In most circumstances that will not occur and in the worst case they would simply refuse your demand and insist that this is your only option. Additionally, should you reject their offer to recover the additional (9) days rental charge, you would need to commence a civil action for all of the damages. In such a case, you would need to prove that all (30) days were necessary to have your vehicle repaired. You may prevail in the end, however, the added cost, time and effort in pursuing the entire claim would likely eat up the difference. Should you have any further questions about this or any other matter, you may reach Mark S. Grodberg, Esq. in my office at (212)869-3200, and/or contact me directly via email at [email protected].

They may only have coverage for 21 days in their policy, but you do not have to agree.