Expert: Ron Cercone - 9/10/2009

Question
My son had an auto accident back in Late July 09 in NYS where he resides.  He was struck drivers side by another auto that ran a red light,  other driver also resides in NYS.  My son's car was totalled by auto adjuster.  Luckily my son is not injured but he was informed by other parties insurance USAA that they are denying his claim as they can not say who was at fault.  

My son took many phots at accident site as did my husband which shows auto positions and damage to autos.  No one asked to see them nor did the police.  The police said she was at fault but as yet we have no police report to see if this is true.  My son only had liability insurance and his insurance company A. Central Insurance said there is nothing they can do.

We want to know if he can file an appeal and what the process is?  What are the time limits to file an appeal as he just received a phone message, nothing in writing yet? If no party was issued a ticket can USAA use this claim to  prove who was at fault?

All he wants is to replace his auto with another used one and to be treated fairly.  

Thank you for your help.  I have no idea what to do.


Answer
Well, unless you have witness statements or some way to prove the light was red, its your son's word against the other drivers word. See if there could have been witnesses at stores or homes at the intersection? As a last resort, you could go to small claims court and see if the judge believes your son more than the other driver?

Check with the small claims court what the statute of limitations is in NYS to file suit for property damage. Could be 1 to 3 years.