Legal Question in Personal Injury in New York

Vehicle was struck in the rear by another vehicle, witness state that vehicle one accelerated, struck left barrier wall, forced to right by impact, continued to accelerate, struck 2 other vehicle then struck me in rear, finally coming to rest under a 4th vehicle. I was not injured, however my vehicle was totaled. What are my rights of recovery?


Asked on 6/22/10, 3:06 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

In New York there is no fault insurance.

Contact your ins company and explain.

You have limited time to report this to your ins company.

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Answered on 6/22/10, 8:09 pm

You don't mention whether your vehicle's policy includes collision. If so, your carrier will pay for the damage, less any deductible, and become subrogated to your rights to pursue a claim against the negligent driver(s). If you don't have collision, you will have to make a property damage claim against the negligent driver(s) owners(s) of the vehicles involved. Depending on the dollar value of the loss, you can proceed in Small Claims, Civil or Supreme Court. Best, M. E. Zuller

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Answered on 6/23/10, 10:10 am


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