QuestionQUESTION: Accident happened on 4/29/2010 around 6 pm I made the right turn on sprint st towards Varick St Manhattan NYC going to Holland tunnel I was in middle lane of varick street and suddenly heard the sound that some one hits my car from passenger side a young boy almost 18 year old driving BMA truck was trying to rush into the lane hit my car he was also coming from spring street. I pull the car on right side of Varick Street in front of Manhattan mini storage and also ask the BMA driver to pull the car. BMA driver said” he was making right turn on Varick street but suddenly change his mind and wanted to go straight to spring street and by doing so he hit my car.
my car was not moving other vehicle should go to different lane or go straight instead of that while turning it hit my car i file the clam against his insurance and they reject my clam and also put fault on me. its a simple accident other vehicle hit my car it not my fault how can i win this since they decline the clam they stated " the reason we have made this decision is because we have determined that the driver of your vehicle made right hand turn from middle lane and failed to yield the right of way to our policy holder vehicle"
Which is wrong statement ...i was on right lane and i was not moving my car was stop other vehicle did not yield correctly and did not go to his lane
please advice
i am sending insurance a letter that i disagree with there decision because its a wrong assumption and wrong decision for wrong statement. And i am not fault for the accident.
sending them some proof to show how accident happen and showing picture of damage of my vehicle that it was impact not a scratch that show other vehicle hit my car
if they don’t pay in full then i will file complain against them through state insurance commissioner
please advice how can i resolve this
ANSWER: Well, unfortunately, you have a common situation. Liability is almost always disputed when there is not a police report and there are no witnesses. The evidence available is just not strong enough to make a decision upon.
I will say that there are some options.
1. Get the other driver to sign a statement agreeing that he was at fault.
2. Locate a witness by canvassing the area. Is there a convenient store nearby? Maybe an employee saw the accident occur and can be your witness.
3. File a small claims suit against the other driver. Most of the time, if it gets close to going to court, the insurance company will just settle to avoid the risk of a jury awarding too much money.
That's about all I have. I think you are in a bad situation, and it is going to be tough to convince an adjuster that your version of the accident is the correct one. Complaining to the insurance comissioner will do you no good, don't waste your time. The commissioner cannot make a liability decision for an adjuster or company. You have to prove fault in court.
I wish you luck, and suggest you utilize any other insurance available to you for this loss instead of fighting with the other party's carrier. If you have no other insurance, I believe your best option is to file a small claims suit, depending on how much damage you have. Make sure you contact your liability carrier and make them aware it was not your fault.
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QUESTION: Police came and they write the report i have the police report
police report stated "
Driver VEH1 states he was driving straight on spring on right lane, VEH2 was driving straight on spring street to the left when VEH2 attend to make right onto Varick street, Impact occurred, driver VEH2 states he make right onto Varick from spring street when VEH1 run into him "
AnswerEven with the police report, it is not going to be good enough. The police report cannot be admitted at a trial because it is hearsay. If the police officer saw the accident, then that is a different story, but if he/she didn't, it is just hearsay. I still believe your best option is to file a lawsuit in small claims court. The adjuster will not change his/her mind based on a police report.
