Albany, NY asked in Car Accidents for New York

Q: What to do with this accident claim?

I was recently in a car accident. I was hit by a DPW worker driving a DPW truck owned by the Town of Brunswick. This driver merged into my lane without signal, and he admitted to myself and the State trooper that he did not check his mirrors. The state trooper then told me that he is at fault for this accident. I was given the police report.

My car is most certainly totaled. I did not have any injuries thankfully. Here is the catch, I have auto insurance but I was not paying collision coverage and renters coverage. geico told me the best thing to do is contact the Towns insurance which is NFP commercial insurance. After a week they still have not heard from the town about this accident and wont talk to me. i have been paying for a rental car and impatiently waiting for answers.

Related Topics:
3 Lawyer Answers

A: I'm sorry about your accident, but I'm glad you didn't suffer injuries. I hope everyone involved is okay. You could keep trying to contact them. If that continues to lead nowhere, then your options include going to court and filing suit, either on your own through a civil case or through an attorney. It isn't mentioned if your rental is covered or you're paying out-of-pocket. Even if it is covered, that tends to be a short-term arrangement. Good luck

A: Addendum - I see you are dealing with a town. That adds an additional element of a notice of claim to any action you may contemplate. In New York, actions against cities, towns, villages, or public agencies involve filing a notice of claim. Although this is generally 90 days, it would be best for you to check with local attorneys if any additional or shorter deadlines apply to your situation. If a notice of claim filing deadline is missed, that precludes a claimant's right to pursue recovery. Therefore, you would need to act more quickly here than in an ordinary claim involving a privately owned vehicle if you need to file legal action. Good luck

Jonathan R. Ratchik agrees with this answer

A: Sorry to hear what happened to you. As my colleague correctly advised, if the Town or its insurance carrier is ignoring you, your only option would to be file a lawsuit for your property damage. Before you can file any such lawsuit, however, you must first file a Notice of Claim within 90 days of the incident. Here's something I found online which you might find useful, and which identifies where such a Notice of Claim must be served, https://filings.dos.ny.gov/ords/corp_claim_app/noc/filing_image?pfilingid=1256

Tim Akpinar agrees with this answer

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.