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I was sitting in traffic at a light, stopped, when the driver behind me spaced out and rear ended me.
Anonymous11 views2 answers
the damage looke dminimal initially but when I took the car in for a look it turned out the bumper and wheel protector were damaged and it is expensive to repair. We did report to the police at the time of the accident but the other party does not want to go through indurance. However, they will not trust our quote from our body shop person. What are my rights? If I go through insurance, will we have to pay the deductable?
Come on. Is this for real? What do you expect an attorney to tell you? Why do you think the party at fault does not want to "go through insurance" -- so he (or she) can save money and whittle down "your guy's estimate"!
If you go through insurance, you will have to pay a deductible but your bigger concern now is can you?
If you do not report a claim to your insurance company "as soon as practicable" (that is lawyer speak for immediately) your insurance company will deny for late notice. In a simple auto liability claim reporting, "as soon as practicable" is not long at all. I would suggest you stop surfing the internets looking for help when you've alread paid for help from your insurer and report the claim immediately to your insurance company lest you waive the right to "go through insurance at all" and have to haggle with some jerk that "spaced out" while driving and rear-ended you. Is that an argument you really want to have? Why do you pay insurance premiums if you are not going to use it? You remind me of my parents. They buy insurance their whole lives and never report a claim. Why give your money away like that?
It sounds like Mr. Bryant was mad about something else when he answered your question. Please don't think that all lawyers speak to the public, their client's or anyone else in the way he treated your question. I apologize on behalf of all lawyers in New York State.
That being said, the general ideas behind his answers were valid. If you haven't reported your claim by now, you may be in trouble. Nevertheless, failure to notify your own carrier does not get the other party off the hook for their liability. You may have to sue them in small claims court. Good luck.
THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.
