What are my rights if I was rear-ended sitting at a red light by a self-insured car?

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What are my rights if I was rear-ended sitting at a red light by a self-insured car?

There was a 4 car pile up as a result. I have a brand new car and the driver of the car that struck me admitted it was his fault. While going through the process we discovered that they were driving a village car, and do not have insurance (they are self-insured). The village is not being cooperative and will not get us a rental car or as of now pay the $1000 detuctable. The police report shows the other driver at fault even though it’s a no fault state. Can I sue the village for a rental and my $1000? What should I do, I have had the car 3 months and the back of my car is currently in my back seat.

Asked on July 16, 2014 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should be able to sue the village for your deductible and cost of a rental car, assuming that the village allowed the driver to use the car (e.g. he's a village employee and was permitted to take it). If someone took the car without authorization or permission, the village would not be resonsible, any more than you'd be responsible if somone stole your car or borrowed it without your knowledge and permission and got into an accident. You can also sue the at-fault driver personally for the money--even if he has no insurance, he would still be liable (and have to pay from his own pocket) for the damage he does.


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