What are our rights for compensation of the totalled vehicle, NY personal injury law auto accident

If the insurance company does not compensate you for what you think you are entitled to, you have the right to file a lawsuit against the company. You must have proper evidence to support your claim, including, but not limited to the police report, estimates, repair bills and any photographs taken.

Good luck.

I agree with Jeena's response. In addition, you did not mention if you have NYS insurance yourself? You can also try to see what your insurance carrier will compensate you for (if you had collison coverage) and then they (your carrier) may ask you to pay your deductible, and later seek to recover that in subrogation against the carrier of the company for the car in the accident with you. You can also sue direct the owner (and driver) of the car in the accident with you, and have them seek to have their auto insurance carrier brought into the lawsuit. As Jeena mentioned, in any lawsuit make sure you have your proof to show the value of the car...check with the court what proof you would need for where you are. Best of luck to you.

You have to remember that insurance companies are not there to make you whole. The whole reason for their existence is to increase their bottom line, which your claim may be reducing. Did you have an attorney handling the case?