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Can I sue a person who has hit my car twice within one year, and now his insurance company is dragging their feet

Sea Cliff, NY |

My car is legally parked on the street, from time to time I park in a spot that is across from a sloped driveway. Last year the person living in that house backed out of his driveway with his honda and hit my 2 ton SUV with so much force that it bent the frame and pushed the truck onto the curb off of it's wheels. Two days ago the same person did the same thing to my truck. He is in an assigned risk group who say that they will not pay for a rental car and have yet to come out and survey the damage to my vehicle which cannot be moved. At this point, the damage to my truck, my lack of transportation and the aggravation are beyond, what recourse do I have?

Attorney Answers 7

  1. You can certainly sue your neighbor. Insurance is simply a "source of payment" if you prove damages. You need to balance a number of factors, including cost, your time, and your relations with your neighbor. Best of luck.

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  2. Call his insurance company and demand that they send an appraiser to assess the damage to your vehicle asap.

  3. Of course you may sue and when you do, send a courtesy copy to the insurance company.

  4. You can sue, but, you best option is to write the carrier a letter outlining your position and demanding payment within a deadline.

  5. You can present a claim through your own carrier for the damage and rental (if you have that coverage) to avoid the delay and hassle. The other option is to sue the driver that hit your car. As indicated by others, you will need to consider the costs and time involved with your options.

  6. other than going under your own insurance policy (collision coverage - if you have it), your only alternative is to file suit. "Assigned Risk" carriers are an abomination and will generally do what ever, and for however long they can, to avoid paying out. If your damage is $5000 or less, file a small claims action. If its more, consult with an attorney in your area.

  7. If the insurance company won't pay, small claims.

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