My car was hit while it was parked almost a month ago by a drunk driver. As a result of the accident I've been unable to work for 10 days and the insurance company is only willing to reimburse me for what a car rental would cost, even when they themselves stopped car rental out of fear it could max out their customer policy since he hit other cars. However, I dont have disposable income to pay a car rental myself, and that left me with no option but to miss my income. Not only that, my car has now depreciated a few thousand dollars because of the accident and his insurance is only willing to repair it, but not reimburse me for the consequential losses. Finding a lawyer to represent is difficult as I didn't suffer personal injury aside from the mental anguish this has caused me. Is there a lawyer willing to help me sue in small claims for the consequential financial losses this accident has created for me? It seems like I need a lawyer for his insurance to take my claims serious.
Sorry to hear what happened to you. In New York, the other driver (and his insurance carrier) would be responsible for the fair market value of your vehicle (or the cost to repair the damage), whichever was less. With regard to recoveing consequential damages, that gets trickier. Certainly you would be entitled to the cost of having to temporarily rent a car. Once you get compensated for the cost of your vehicle, however, you'd arguably have no basis to remain out of work as you could purchase a replacement vehicle (or drive your repaired vehicle). And depending on the wording of the other driver's insurance policy, it might not even cover any such damages (which means even if you won a lawsuit against the other driver, his insurance carrier would not be required to pay the judgment if you won).
Unfortunately, as you've probbably experienced already, most attorneys are not interested in taking on property damage claims of this nature or for this amount. You can try your local bar association's legal referral service or attorney directories such as AVVO, Justia or Martindale. Keep in mind that the jurisdictional limits of small claims court in New York is only $10,000. If your damages exceed that threshold you'll need to bring your lawsuit in civil court.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
www.kdrpilawyers.com
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