On May 24, 2015, a person ran in front my car causing the driver of my car to swerve out and back into his lane. Upon entering back into his lane the right side of my front bumper hit the left side of the other driver’s back bumper, causing only the left side of the bumper to drop, but not fall off. The corner of the right side of my bumper had slightly pop out.
On that date, the police were called. Each party stated they were not injured and no one was taken to the hospital. A couple of days later the other driver and his wife claimed injuries to the left side of their bodies. I was sitting in the front seat right side of my car when the accident occurred and did not receive any injuries. Neither did anyone else who were in my car during the accident.
On the date of the accident I took pictures of both my car and the other person’s car which showed exactly what I stated above. My insurance company received a claim for total $73,000. Is there any agency I could file a complaint with so this accident can be investigated further? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The State of New York is a “no-fault” insurance state. This means participants in car accidents must turn to their own insurance companies for medical treatment, out of pocket expenses, and lost wages. (These are referred to as “Damages.”) No fault insurance does not pay for pain and suffering. However, New York’s no-fault insurance only pays up to $50,000 in damages.
We will presume the husband and wife involved in the accident have demanded either by themselves, or through an attorney, the amount of $73,000 for their injuries and related costs. This seems high for an accident in which the damage to both cars was minimal.
At this point your only recourse is to speak with your insurance company and the claims adjuster who handled the claim. Ask if the claim has already been paid, or if it is still under investigation.
If the claim is still under investigation review the facts of the accident and ask why the amount of $73,000 is at issue. Be sure the adjuster has already obtained a copy of the police accident report. If not, you can obtain one at a minimal cost from the local police department and send it to the adjuster. It will ultimately be up to your auto insurance if they pay the claim or not.
In most states the statute of limitations for personal injury claims is two (2) years. However, the statute of limitations period for injury claims in New York is three (3) years. This means the injury claim may still be open.
Learn more here: New York Car Accident Guide
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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