Legal Question in Traffic Law in New York

Taking a traffic case to small claims court

In June, I was hit by a driver attempting an illegal u-turn in the middle of a busy city street. The attending officer assigned fault to the other driver and no fault to me. Since the accident, I have paid my deductible and have let my insurance company duke it out with the other insurance company. The other company didn't want to pay, so the case went to arbitration. We have been awarded only 20% of our deductible back. The arbitrators obviously didn't look at the case from a legal standpoint, but rather from an insurance liability perspective. I now would like to take the other driver to small claims court for the remaining balance of my deductible. Is this a wise decision? Do I have a chance? I have the police report that assigns fault to her, by way of the fault code boxes. Also, does her insurance company have to provide an attorney for her defense? Thankyou.


Asked on 1/21/04, 6:28 pm

1 Answer from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Taking a traffic case to small claims court

Yes, it sounds like it would be worth taking this other driver to Small Claims Court. The filing fees are minimal.

It is unlikely that the other driver's insurance company will pay for a lawyer to represent this person. They have probably closed their case just as your insurance company has.

You will need to file the case in the court in the jurisdiction where the Defendant, the other driver, lives.

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Answered on 1/22/04, 9:38 am


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