Auto Insurance Claims: Third party claim New York, certified mail, dept of insurance

Question
QUESTION: Hi
I am a victim of a hit and run case. My car was parked and
one morning a van came and struck so badly to my car that it
is totaled. After the incident immediately he left the
scene, but fortunately two witnesses got the plate number,
but we dont know who was actually driving the van. I called
the cops & filed a report with the plate number.

I didn't have the collision coverage & so my insurance
company didnt do much for this. I filed a third party claim
with the owner's insurance company of that van. It is now
more than 40 days that the insurance company could not get
hold of that person. I did sent all the documents, including
police report, repair cost, accident questioner etc to them.
But, I think they would deny it on the ground of "non-
cooperation of the insured".  I got the following questions
in mind:

1) If they deny on this ground, I am thinking to go to small
court, but to whom i should sue? the owner as for liability
or I need to find out who was the driver (that is obviously
a tough thing to do)   

2) I have owner address details from the police report,
should I send him a formal letter mentioning that if he
doesn't cooperate I am going to sue him or should I wait
until they deny. Is this any way illegal to send a letter
like that?

I am at New York City.  

Thanks

ANSWER: 1)  you would sue the owner.  If you can ID the driver, sue him/her as well.  The owner will need to prove he is not liable, and this would be hard t do, unless he can show the car was stolen.

2)  This is a good idea.  It probably won't work, but it might spur some action.

3)  You can also file a complaint with the state dept of insurance.  40 days is a long time for the the insurer to sit on this.  They need to make a decision.

---------- FOLLOW-UP ----------

QUESTION: I did contact to the owner by sending a certified mail,
asked him to cooperate with his insurance and
he is denying the involvement of his vehicle. He is telling
that he doesn't have any idea about any accident involvement
of his vehicle.

Could I file a claim at small claim court against the owner
for liability before the insurance company deny my third
party claim or I need to wait until their decision ? it is
more than 40 days i am waiting for their decision and I keep
asking them about the status and they keep telling me that
they are waiting for the insured signed statement.

Thanks for your kind help and advice.


Answer
You do not hae to wait; you can sue now if you want to.

Personally, I would file a complaint with the state dept of insurance.  They will have to take action immediately to respond to the complaint, and this will get them moving.

If they deny coverage, then your vehicle was hit by an uninsured motorist.  You might be able to make an Uninsured Motorist claim with your insurer.  This will depend on what coverage you have.  Call your insurer, explain what is happening, and ask them to investigate for an uninsured motorist claim.  Ask them to explain what your coverage will provide if this qualifies.