AboutRichard Expertise I have been the no-fault insurance administrator and arbitration specialist for 18 years working for a plaintiffs` law firm. I have a copy of and am familiar with the newest Reg.68 of the New York State insurance law and have sucessfully represented over 300 applicants at hearings and have guided more than 1,500 more that didn`t need to actually go to a hearing.
Question QUESTION: I was hit on the right rear tire / quarterpannel of my car on a multi-lane street by a driver merging into my car. He hit me with his left front fender / tire. Of course his story was the opposite, I cut into him. The damage on my car goes from the front of my rear tire to the back corner of my car. Their was no more than a scratch on his car, all of the damage to my car was caused by his tire. I would think the reason for all the tire damage was because his tire was turned in my direction, which proves my story. My insurance company told me there was not enough evidence to recover my deductible, I don't think they did any type of investigation. Do you think I could do anything to prove my story?
ANSWER: Hi John, it seems to me that your insurance company doesn't want to waste any money and time to fight on your behalf and have in effect "thrown you under the bus". Take pictures or if your insurance company took them then ask them for copies and then sue the other driver on your own for the deductible. Given the areas of damage I feel strongly that you have a good shot in small claims court to prove liability on the other driver and to recoup your deductible.
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QUESTION: Would the driver be responsible to pay the deductible, or would the insurance company pay if it went to small claims court and I won?
Answer Hi again John, the driver through his insurance company would be responsible for the deductible just the same way as if your insurance company had fought and won the case against them. Your insurance company would never be legally responsible for the deductible on its own because you agreed to paying the deductible when you purchased the policy in order to obtain a lower rate of premium.
