Legal Question in Civil Litigation in New York
auto accident victim - no response from insurance co.
My car was damaged when I was rear-ended by a cab. I've filed all the paperwork a month ago with his insurance company and was told I could expect to hear from them within 15 days, but have yet to receive any response. I've made several calls to the company, but all I get is voice mail and nobody calls me back. I've recently sent them an e-mail, too.
The damage to my car prevents the trunk from closing completely, leaving it vulnerable to a break-in (the passenger cabin is accessible from the trunk) and water damage. If I incur further damages while waiting for the the car to be fixed, is the insurance co. liable for that??
So, how can I be more forceful in getting a response from the insurance company? If I end up having to go to small claims court, who do I file against - the insurance company or the driver?
2 Answers from Attorneys
Re: auto accident victim - no response from insurance co.
Under New York's "no fault" law, you are supposed to file a claim for damage with your own insurance company. If you suffered any personal injuries, your insurance is supposed to compensate you for up to $50,000 in basic economic loss. For damages above that amount, you have to sue the taxi company directly. I hope this information is helpful.
Re: auto accident victim - no response from insurance co.
It usually takes a few weeks to hear from the insurance carrier. The taxi may have been self insured. If you don't want to wait sue the Cab Co. in Small Claims Court.
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