What do I do if I was rear ended and the other insurance company does not seem to want to work with me and pay for the other parties responsibility for the damages of my car?

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What do I do if I was rear ended and the other insurance company does not seem to want to work with me and pay for the other parties responsibility for the damages of my car?

I was sitting at a toll booth waiting to pay and a car came up behind me and
slammed into the back of my car. A state trooper came to the accident and we
exchanged papers but the other party and their insurance company seem to be
giving me a run around.

Asked on August 19, 2016 under Accident Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the at-fault party did not have insurance and you have uninsured motorist coverage on your policy, you can file an uninsured motorist claim with your insurance company for the property damage to your car.
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.  Depending on the amount of damage (cost of repairs) to your car, you may be able to file your lawsuit in small claims court.  In addition to the cost of repairs to your car, you can also recover court costs such as the court filing fee and process server fee upon prevailing in the case.  You can enforce the judgment against the at-fault party with a wage garnishment.
If the at-fault party had insurance and that individual's insurance carrier isn't acting on your claim, file a lawsuit against the at-fault party for negligence.  That should prompt action on the part of that party's insurance carrier.


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