Can I get the at-fault party to pay for damages to my car?

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Can I get the at-fault party to pay for damages to my car?

I was in an accident with an ambulance that was on its way to the hospital with a patient but no sirens on. It ran a red light without slowing down and hit me. I don’t have comprehensive or collision coverage and wanted to know if I could get them to pay for the damages to my car?

Asked on December 29, 2011 under Accident Law, New York

Answers:

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

Answered 9 years ago | Contributor

You can file a claim with the insurance carrier for the ambulance and have your car repaired.  The fact that you had limited insurance on your vehicle is NOT an issue because the other driver was at fault in the accident.  If you need a rental car while your car is being repaired, the insurance carrier for the ambulance should pay for that.  The insurance company usually has a limit on the amount per day that it will pay for a rental car.  Also, the insurance company won't pay the collision damage waiver on the rental car.

 


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