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canderson801 · Jan 14, 2010, 11:02 AM

I was involved in a traffic accident on 1/9/07 in NYC (Pinehurst Ave & West 177 St). I was stopped at the stop sign when the other vehicle pulled out of his parking spot directly into the passenger door of my car. I do have the police report in which the other driver states it was 100% his fault. I also have the estimate of $1001.00. Upon repairing the car, I had to pay out my $500 deductible (figuring I would get it back from his insurance company). My insurance company has been in contact with his trying to retrieve my money but was unable to do so and told me there was nothing else they can do. Could I pursue the case for my deductible?

this8384 · Jan 21, 2010, 03:12 PM

Originally Posted by canderson801

I was involved in a traffic accident on 1/9/07 in NYC (Pinehurst Ave & West 177 St). I was stopped at the stop sign when the other vehicle pulled out of his parking spot directly into the passenger door of my car. I do have the police report in which the other driver states it was 100% his fault. I also have the estimate of $1001.00. Upon repairing the car, I had to pay out my $500 deductible (figuring I would get it back from his insurance company). My insurance company has been in contact with his trying to retrieve my money but was unable to do so and told me there was nothing else they can do. Could I pursue the case for my deductible?

I'm surprised your insurance company isn't handling this for you.

Your only option at this point would be to sue the other driver but if you win a judgment against him, the hardest part is trying to collect.

Fr_Chuck · Jan 21, 2010, 06:54 PM

It may well be, they found out he did not really have insurance,
So you sue them for your damages

JudyKayTee · Jan 22, 2010, 07:30 AM

I'm also in NY - sue him in Small Claims Court for your deductible.

Was your company reimbursed by his company for your damages?

Is your company not pursuing it because they found you partially at fault (for whatever reason), because he was uninsured, for some other reason?

canderson801 · Jan 22, 2010, 09:24 AM

After researching some more online. To file a small claims action, they say to file the suit within the county that the defendant resides (in which happens to be Cook Cnty, Chicago, IL). I did call the court and they told me to file it within my own county. I'm not feeling too well about the courts even finding this guy, but it's worth a shot. Don't like seeing people getting off scott-free.

this8384 · Jan 22, 2010, 09:26 AM

Originally Posted by canderson801

After researching some more online. To file a small claims action, they say to file the suit within the county that the defendant resides (in which happens to be Cook Cnty, Chicago, IL). I did call the court and they told me to file it within my own county. I'm not feeling too well about the courts even finding this guy, but it's worth a shot. Don't like seeing people getting off scott-free.

That's odd. I've always heard that you had to file in the county in which is happened.

Do you have his name?

canderson801 · Feb 3, 2010, 01:29 PM

Yes I do have his name. I have the complete police report with his statement of "being 100% his fault." My insurance company handled it for about a month and then told me there was nothing they could do for me anymore. So I'm out the $500 and my insurance co is also scott-free. Insurance companies are this country's biggest scam practice that leagally allowed to steal our money. Yes, I did drop this agent.

this8384 · Feb 3, 2010, 01:34 PM

Originally Posted by canderson801

Yes I do have his name. I have the complete police report with his statement of "being 100% his fault." My insurance company handled it for about a month and then told me there was nothing they could do for me anymore. So I'm out the $500 and my insurance co is also scott-free. Insurance companies are this country's biggest scam practice that leagally allowed to steal our money. Yes, I did drop this agent.

Then your next step is to sue him in small claims court. You may have to sue him in the county where the accident occurred. Odds are you'll win, but collecting on the judgment is the hardest part. Good luck and let us know what happens.

And as a side note, you buy insurance in the incident that YOU are at fault. If you total out a $30,000 vehicle, do you have the money available to pay for it plus any medical bills that may have been incurred as a result? Probably not.

canderson801 · Feb 3, 2010, 01:44 PM

this8384 - Thanks for your feedback. I do understand your point. It just frustrates me that a company would lose a customer of 15 years over a $500 check. I've kept all auto, home, and jewelry policies with them.

As for my opinion on insurance companies in a whole. I also do not understand how they can reduce hospital bills buy such a large % but if you happen NOT to have insurance, you're entitled to pay the full balloon rate. As I mentioned, they really frustrate me. (just venting)

this8384 · Feb 3, 2010, 01:47 PM

Originally Posted by canderson801

this8384 - Thanks for your feedback. I do understand your point. It just frustrates me that a company would lose a customer of 15 years over a $500 check. I've kept all auto, home, and jewelry policies with them.

As for my opinion on insurance companies in a whole. I also do not understand how they can reduce hospital bills buy such a large % but if you happen NOT to have insurance, you're entitled to pay the full balloon rate. As I mentioned, they really frustrate me. (just venting)

I agree with you wholeheartedly. Unfortunately, car insurance is one of those necessary evils - it seems easier to go without, until you actually need it :)

ScottGem · Feb 3, 2010, 02:53 PM

Before you file in small claims, do you have his insurer's info and his policy number? If you don't you can get it from your carrier. My first step would be to file a claim against his carrier.

I was involved in an accident several years back, where I pulled over to the side and stopped while a car was coming towards me around a curve. He lost control and hit me. Ergo 100% at fault and he acknowledged it. I put a claim in to HIS insurer, just notifying mine of the incident. His insurer paid the entire cost of the repairs and for a rental car.

So you should have first filed with his carrier, using yours as a backup. So what I would do is file a claim for the FULL amount of the repairs against his carrier. If they refuse to pay, THEN you take them both to small claims court for the full amount of the repair.