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My friend just purchased a new vehicle and was involved in an accident shortly after. Car is totally damaged, can he sue?

Brooklyn, NY |

My friend was hit by another car who was clearly at fault. Who would be liable to replace the car?

Attorney Answers 3


  1. More likely than not, your friend has collision insurance on the vehicle and he probably needs to get the vehicle fixed/replaced as soon as possible. He/She should contact their own insurance carrier to make a claim for the damage. The carrier will then most likely subrogate against the offending vehicle's insurance company for the amount it paid out to your friend based upon percentage of liability.


  2. As I am licensed in Florida and Vermont, I cannot provide you with specific information as to New York State law. However, based in your description, the adverse driver is liable to pay your friend for the damage to his vehicle. If the adverse driver is insured, that drivers insurance company will pay. If the adverse driver is not insured, your friend may be able to collect under his collision damage coverage or his uninsured motorist coverage, if he has those particular coverages on his policy.


  3. If your friend had full coverage the insurance comany
    is responsible. If not then the other drivers instance
    company is responsible to pay the value of the car
    and for any injuries

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