Legal Question in Personal Injury in New York
Auto Accident
On 12/5/02, at ~9:30 am, after dropping my son off at a daycare center, my SUV (in 4WD, going =10mph) slid down the driveway hill and into a gate. There had been approx. 1'' of snow and falling fast. The driveway/hill was under the care of a church (the daycare rents space from them) - they knew of the bad weather but had not plowed/salted/sanded yet, even though parents had been dropping off children since ~7:30 am. I'm fine and no one else was involved. My insurance will pay for the damage to their gate and to my car (- the $500 deductible). I am still waiting to see if it is ''totalled'' or to be fixed. If possible, what is the best way to go about getting them to pay for the insurance deductible and cost of car rental?
1 Answer from Attorneys
Re: Auto Accident
If it was still snowing they would not have any duty to clear the area. Under the facts given, it does not appear that you have much of a claim. Also, if you have collision, you cannot go after the other vehicle for the deductible, only your insurance company, as part of its subrogation rights, can do that. Good luck.
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