Brooklyn, NY asked in Car Accidents for New York

Q: Car accident claim denied by other party's insurance.

Hello,

My car got hit while it was parked. When the police came, they told me that the driver of vehicle 1 suffered a stroke and hit 4 parked cars including mine on 2 different streets. My vehicle is liability only. I contacted veh.1 insurance, filed a claim, sent all info. They estimated my car as a total loss (2008 Mazda3) and sent an email stating as soon as they finalize all the info from the other damaged cars (it was a group claim) I will be paid out. Few days later, I receive a letter that my claim is denied with 2 reasons: 1. Our insured was free of negligence. 2. Our insured driver suffered a medical episode.

As per the police report, my car was hit first. I have a surveillance video of the accident. Veh 1 hits my car, then about 5s later backs up and drives away, which shows that the driver was not unconscious and had control of his actions. Is there anything I can do in this situation? Can this be disqualified as a medical episode?

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Given the video you can claim a) it wasn't an event 2) even if it was maybe he shouldn't have been driving 3) file a complaint with the NYstate insurance commissioner's office for unfair claims handling.

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