Legal Question in Civil Litigation in New York

Automobile accident

My 18 year old son was involved in a car accident about 3 weeks ago in a car registered and insured by me. The fault was with the individual who ran into him. The police were called but I have since discovered that a police report was not filed and license and insurance information was not exchanged. The individual wished to pay for the damages out of her pocket without involving the insurance companies. I have since had one communication with her that was slightly antagonistic on her part and have since sent an estimate for repair on Friday 10/27/2006. What are my options if I do not receive a reply from her and how long should I wait? Thank you!


Asked on 11/02/06, 10:40 am

1 Answer from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Automobile accident

Call and find out if the responsible party has received the estimate and whether she will pay. If she agrees to pay, ask for a bank check or money order and ask to fax a copy to you. If she pays, do not cash the check until she signs a General Release, releasing you and your son from all liabilities. You can use standard General Release form for NY. If she does not pay right away upon receipt of the estimate, contact your insurance carrier and file a claim, provided your policy has collision coverage. Also try to get all info. about the responsible party; i.e., name, address, license plate, etc. You can also file a law suit in Small Claims Court if the repairs are not major.

Read more
Answered on 11/02/06, 12:42 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York