Had an accident. the other party was at fault....and my ins. decided against me without even speaking to me.

Asked 9 months ago - New York, NY

They told me that would change liability, but then they refused. I have filed with the BBB and with NYS dept of insurance. NYS Dept of Ins. told me to sue them...and that there was nothing they could do. I also had policy complaints about them...they tortured me...and was worse than abusive....I have tried to sue in small claims, but that is even difficult...So I would like to speak to an attorney about it...They messed me up really badly. And attorneys that I have tried to speak with say that they only handle personal injury...I have been personally injured, but I guess not the kind that the attorneys are interested in...like slander, defamation of character, and other personal injuries...but I like taking small steps. the accident in itself is a long story, that shouldn't be.

Attorney answers (5)

  1. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . The things you list as "personal injuries" don't qualify to meet the no fault threshold for serious injury such that you would be able to sue. A negative finding by your insurance company that you were 100% at fault! does not qualify as defamation or libel. While this seems like a finding of fact, it is really just an opinion, and you consent to having the carrier make this determination, the consequences of which will cost your insurance company money. But that's what insurance is for. How have you been negatively affected by this finding, aside from possibly having your premiums raised, which is often what happens after an at fault accident, whether you are 15% at fault or 100% at fault.

    Attorneys are not interested in this case because they will not be able to earn a fee unless you are willing to pay them an hourly fee. You will find that like most other professionals, attorneys like to be paid for their work because most of them do this to support their families.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO... more
  2. Robert K. Erlanger

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . What do you mean your insurance company decided against you? They disclaimed coverage or they determined you were at fault? Not sure why you have been defamed? Need more facts but try speaking with an attorney who specializes in insurance coverage.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is time to have a local lawyer investigate.

  4. Michael David Myers

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . What impact has the liability determination had on you?

  5. Michael A. Rose

    Pro

    Contributor Level 7

    Answered . You always have the right to change insurance companies so if there is another problem in the future you will not need to deal with them.

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