Schenectady, NY asked in Car Accidents for New York

Q: A woman hit me in my car back in November. Her insurance company covered the repairs but not the whole rental car bill.

I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?

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3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV

A: Not only are they liable for reasonable rental vehicle, they are responsible to pay dimunition in value of the vehicle, in addition the the cost of repair.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: I hope you're okay. If there were no injuries, which your post suggests, your options could possibly include small claims or civil court - carefully review any denials from the insurance carrier. They may in their fine print include additional information about your recourses and the suitable forums. Another option could be to look into whether your own carrier would handle it as a first-party claim, after which they could pursue the other party's carrier. However, it's possible that could involve deductibles, depending on your policy. You could look into whether local attorneys would offer you a free initial consult to help you sort out your options. However, in the absence of a bodily injury claim, keep in mind that most law firms would not handle something like this on a contingency basis. That would mean paying an attorney hourly or a flat rate. In the absence of injuries, do-it-yourself is often the most cost-effective route in these settings. Also, first find out the reason for the partial denial of rental benefits - that could provide you with information as to whether you have a solid basis for a claim. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: As my colleague correctly advised, unless the insurance company of the rental agency (or perhaps your credit card company) is willing to go to bat for you, you'll have to bring a proceeding in small claims court against the woman whose vehicle hit you. Given the amount in controversy, it is unlikely that you will find an attorney interested in your case.

https://www.nycourts.gov/courts/nyc/smallclaims/startingcase.shtml

Tim Akpinar agrees with this answer

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