Q: A lady intentionally rammed my car (I have it on video). I am injured, what should I do?
I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it was intentional while screaming at me while I was on with 911. She reluctantly gave me her insurance and license info and left the scene before the police arrived. My car is a collectors car with only 3000 miles on it and it will lose substantial value because if this. I will find out the extent of my injuries tomorrow. Can I press charges? Can I pursue legal action for my losses? For the lost value to my car?
A: I'm sorry this happened to you. I hope you are okay. In terms of the civil portion of your question, you could discuss this with a personal injury attorney. It could be premature to make a determination as to the extent of injuries until you are seen by medical professionals. An attorney could help you with no-fault applications (which involve 30-day deadlines) and other priority matters at this stage. A criminal defense attorney would have the most insight into the other non-civil aspects of your question. Good luck
A: First, insurance policies do not cover intentional acts. However, that should not stop you from making a claim against the driver. That would also depend on whether you suffered a “serious injury”. Sounds like she has assets if there were a valid disclaimer. Your UM coverage could potentially be triggered if there is no coverage. The police can decide if they want to investigate and prosecute. If her carrier accepts the claim, they will pay the repair of your classic car. Loss of value will not be a measure of dangers
A: Sorry to hear what happened to you and your vehicle. Can you pursue legal action? Yes. That said, if the driver intentionally hit your car from behind, her insurance carrier is going to disclaim coverage. As a matter of public policy, insurance companies do you cover intentional torts. And without insurance coverage, you might be left with nothing more than a paper judgment. Double check the police accident report and see what it says with regard to why the crash occurred.
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