Brooklyn, NY asked in Car Accidents and Small Claims for New York

Q: Which party do I sue in New York City small claims court ?

My vehicle was involved in a hit and run while parked legally. I was able to track down the vehicle that damaged my vehicle on video camera and I have a witness that seen the vehicle as well and it is stated in the police report. I filed a insurance claim with the vehicle registered owner and it was easy to do so because there was a claim already opened by the other party stating that they were involved in a hit and run on the date in question. But then I received a denial notice from the insurance stating that they didn’t have insurance on the date of the hit and run and they will deny repairs for every vehicle in the claim. The denial notice letter shows a different name other than the vehicle registered owner. After further investigation it shows that the vehicle registered owner and the name on the denial insurance claim letter both live in the same household. So my question is who do I sue in New York City court ?

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1 Lawyer Answer
George W. Svoboda
George W. Svoboda
Answered

A: Car insurance is on the car, not the driver in New York. The insurance company may be saying that the car wasn't insured under them on the date of the accident. Make sure there wasn't another insurance company that covered the car at the time. You should sue the vehicle owner, the named insured, the insurance company and the other party involved in the accident. Each party will need to file an answer for why they are not responsible. If any do not answer with a legal defense, you can ask for a judgement against that party.

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