Legal Question in Insurance Law in New York

My husband was hit in the front end of our suv when a woman made a left turn to go into a parking lot of a strip mall. Thankfully he wasn't hurt but our car was totaled as the cost to repair was more than the value. (7500-8500).

We have complied with all that was asked of us. We showed the photos of the wreck to a few mechanics, a policeman, and even another insurance company (including our own) an they all said they felt the woman was in the wrong.

No sobriety test was given to either my husband or her and no tickets were issued at the scene.

I have been trying, without success, since the day after the crash, to get a copy of the accident report.

The local police department is also saying they don't see it in their computer to this day???

We had regretfully dropped collision because it was an older car (2008) and our insurance company advised us to submit a third party claim to the other driver's insurance company.

On January 10th, we received a letter from the insurance co that read in part;

"After reviewing the available information concerning this accident, we do not find any negligence on our insured's part and must, therefore, respectfully decline payment of your claim in its entirety".

My question is who holds them accountable? How can we know we were not taken advantage of?

Do we have any recourse in this matter to be compensated for any of the monies we lost?

We had to cover rental car payments, storage and towing fees, the loss of our car and the money we had to use to buy a new car. (Almost $40,000).

Thank you very much.


Asked on 1/19/16, 12:42 pm

1 Answer from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

That is an aweful circumstance to find yourselves in BUT not uncommon at all. Unfortunately, without an attorney the other person's insurance company feels too powerful and feel like they can deny, deny, deny until you just give up. That should NEVER happen! I would be happy to discuss this matter with you in detail and see what help I can offer you...including recovering property damage, rental and towing charges. I would obviously need quite a bit of information first. For an absolutely FREE consultation please contact me by email at [email protected] (preferred for a quicker response today) or by phone tomorrow at 347-702-4133. We do not charge a fee unless we can make a recovery for you!

All the best,

Michael Krigsfeld, Esq.

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Answered on 1/19/16, 1:20 pm


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