Legal Question in Traffic Law in New York

My parked car was hit by a vehicle that was hit by another vehicle from behind.

What do i do now? A white jeep hit a black lincoln towncar from behind and he therefore ran into my parked car. I called the insurance company of the black lincoln and they told me that their client is not liable for the damages to my car. His insurace company told me that I should go after the insurance of the owner of the white jeep. I dont think that makes sense because that jeep didnt hit my vehicle. Should take the owner of the lincoln to small claims court or civil court. My damages are well over $5000. Or should i just sue the insurance company (Allstate). The police report isnt even consistent because a ''rookie cop'' was at the scene and he didn't assess the situation at the scene properly and wrote what he believed happened. I unfortunately only had liability coverage so that is why i am persuing the insurance company of the guy who hit me. I dont know what to do now.


Asked on 7/12/06, 8:24 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: My parked car was hit by a vehicle that was hit by another vehicle from behind.

The important point is that you were not injured.

You must sue BOTH parties. The one that the white car knocked into your car may have a successful defense, or may not, but that is up the that party and his insurance company.

It is possible that the middle car will be found liable if the driver or owner was in any way negligent. And the burden will be on that party, not you, to give evidence to support the lack of negligence!

You may not sue the 2 cars separately, only together.

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Answered on 7/13/06, 2:00 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: My parked car was hit by a vehicle that was hit by another vehicle from behind.

Sue the owner/driver of both vehicles in City Court - Small claims. The jurisdiction is $5000.00 so your damages are limited to that.

Get two estimates in writing from your own mechanics (your insurance estimates are fine if they cover your damage) or have a mechanic in court on the hearing date. Get a CERTIFIED copy of the police report for court.

Between both sets of defendants all of your monies should be reimbursed.

Good Luck

RRG

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Answered on 7/12/06, 8:34 pm


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