3 replies to this topic

[Cidygurl]

I was the driver in a non injury auto accident on 2/17/13, in Mt. Vernon NY. DETAILS: The driver of a church van ran the red light and "T-Boned" me on my driver side (as witnessed by 2 pedestrians). My car is a 2 door 2002 Honda Civil with 60,000 miles (a car that im not willing to part with). I immediatly contacted my insurance carrier who informed me that I had to go after the other persons carrier because my insurance only covers fire, theft & liability. I contacted the other persons carrier and they stated that "they were waiting for a stmt from the driver (and it was taking long because they needed to get a interpreter). Now nearly 1 month later I again called the ins co (for the 20th time) and they stated that they were not going to do anything about this accident because their insured stated that I ran the red light and not him. I need to know who do I sue, what type of attorney do I need and where can I get this attorney from.

[pg1067]

I was the driver in a non injury auto accident on 2/17/13, in Mt. Vernon NY.

Seeing as how today is February 12, 2013, I assume you've got the date wrong.

I need to know who[m] do I sue, what type of attorney do I need and where can I get this attorney from.

You sue the other driver (not the insurer). Any attorney who handles civil litigation could do this. However, given likely value of your car (somewhere between $4-6k depending on sub-model, options, and conditions), it is likely that hiring a lawyer would not be cost effective and that you're far better off doing this in small claims court. Nevertheless, a "find a lawyer" link is prominently displayed at the top of each page at this site.

You also might want to look into the cost of collision insurance coverage. For a car such as yours, the cost probably would not be significant.

[FindLaw_AHK]

You may want to use the Westchester County, New York Car Accident Lawyers Directory to locate a local lawyer willing to address your claim and how to proceed. I also suggest you visit the Accidents and Injures Center and read Car Accidents as a good resource to learn more about your rights.

Keep us posted.

[adjusterjack]

What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much.

Meantime, I agree with PG that small claims court is likely your best bet given the relatively low value of your car.

Getting a lawyer for this is likely to be costly because, without an injury, a lawyer will want to charge you his hourly rate with a good sized retainer.

Just make sure your witnesses are willing to appear in court and testify. Even in small claims court, written statements without live witnesses are likely to be objected to and ruled inadmissable.

NY small claims allows attorneys so it's a good bet that the other driver's insurance company will assign one.