Nys law liability
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Nys law liability
I was in an accident where my car was
tipped over by a man that ran a a red
light to turn on red. Progressive says
they think they are only 80 percent
liable? Ifeel the accident is no fault
of mine.
Asked on September 13, 2017 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you refuse the insurer's settlement offer, you can sue the driver who was at fault (e.g. running a red light) in damaging your car. So if you want, you could sue to try to get that extra 20%. If you can prove in court--as you may well be able to, based on what you write--that the other driver was wholly at fault, you can get a judgment for the full amount of damage. The question becomes, is it worth doing? Even if you act as your own attorney ("pro se"), assume you will lose 1-2 week days (e.g. work days) at a minimum to a lawsuit; you will delay getting your money for several months; and even if you have a strong case, winning is never 100% guaranteed (even good cases lose sometimes). If the extra 20% would only result in several hundred dollars, it may not be worth these factors.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.