QUESTION
What are my options for limited coverage car accident
Asked on Mar 22nd, 2022 on Automobile Accidents - New York
More details to this question:
On Wednesday March 16 I was hit in a traffic circle by a driver who was clearly at fault. Her insurance company claims her limited coverage will not cover the damages in full and I would have to come up with difference about $5000-$8000 plus no rental would be given to me while repaired.I live in New York State. I could go through my insurance but was told I would have to pay the deductible. I feel that none of this was my fault and shouldn’t have to pay a dime. Am I correct or am I wrong.Any suggestions or options would be greatly appreciated
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
If you are not willing to pay the deductible to have your own insurance carrier cover the damage and the other driver's insurance will not cover the damages in full, your only option would be to sue the other driver (either for the full amount or for your deductible if you get your vehicle repaired first) Keep in mind that if the other driver's insurance will not cover the damages in full, winning a lawsuit against the other driver might leave you with nothing more than a paper judgment (as you'll be left trying to collect against the defendant). In the end it might be easier to pay the deductible and then sue the other driver in small claims court to recoup your deductible.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
www.kdrpilawyers.com
Answered on Apr 04th, 2022 at 6:44 AM