need advice on small claims - auto accident damage

[MoogieBoogie]

Hi everyone,

It's a long read, but if anyone had to file a claim in small claims court or civil court for property damage resulting from an auto accident, please share your thoughts and experiences.

A few months ago, while my car was parked and unattended in New York City, it was struck by a NYC taxi cab. From the police report I obtained a week later, it seems as if one car struck another, sending the taxi cab spinning into my parked car and a second parked car.

I have liability insurance only on the car. I filed a claim against the taxi's insurance company. A month later, they told me that they admit no liability and it was the fault of the other car, saying that it was that car that pushed the taxi into my car. After going back and forth between the two insurance companies, neither of them admit fault. Then the taxi's insurance company told me that they accept 50% liability, and I need to go after the other person's insurance for the balance. The other person's insurance told me they have a witness that says the taxi cut off the other person, so they still accept no liability.

So I need to file a claim against both of them in small claims court. The taxi is registered to an owner who lives in NJ. The other person lives in Long Island, New York. New York City small claims requires the defendant to have a residence or business in NYC, so I can't file in their court. New Jersey requires that just ONE defendant have an address or business in the county where I file my claim. So it looks like I'll be filing my claim in NJ.

New Jersey also seems to be more strict with service of process. New York assumes notice has been served to the defendant if mail is not returned as undeliverable after 21 days. Should I be concerned about this?

My damages total $3800. The taxi's insurance company estimated my damage at $1700. My car's KBB private party (good condition) value is $3200 and retail (excellent) is $4500. Edmunds is about $2200 retail and $1250 private party. The small claims court limits my claim at $3000. Should I file in small claims court or civil court? I'm wondering if the court would consider only the repair cost of my car, or also the actual cash value of the car. Should I file for the max $3000 in small claims court?

Thank you in advance.
-Brian.

 

[BD]

The car that hit the cab is liable. You will need to go after them. Something similar happen to me two years ago when a car hit the car behind me, and bumped into my car. I contacted their insurance company and they took care of it.

 

[SilverStone05]

To be blunt...do you really want to go through all that hassle...miss all that work and hang around with all that court room judge judy riff raff for the sake of a couple grand that you may or may not be awarded?

 

[shawn110975]

if it was for my NSX I would but if it was for any of my other cars I would take the 1700 and eat the rest,

you didnt say if it was your NSX that was hit. as a fender alone is 1900 bucks the labor, another 1000, then painting the parts 500 or more,

so your 3800 isnt that far off to be the actual monitary value for the damage.

hard to say what we would do in your shoes.

but if you went to small claims the max is like 5K you could win and the lowest would be the 1700. goodluck

 

[DRIFTER]

If you serious about fighting it I would first talk to a lawyer that specializes in insurance cases. The lawyer will know more about it and help you make a proper decision. You may just have to have the lawyer call the insurance company that is liable.

 

[OneRedNSX]

you didnt say if it was your NSX that was hit. as a fender alone is 1900 bucks the labor, another 1000, then painting the parts 500 or more,

I'm going to guess he isn't talking about a nsx

My car's KBB private party (good condition) value is $3200 and retail (excellent) is $4500. Edmunds is about $2200 retail and $1250 private party.

 

[OneRedNSX]

You need to talk to a lawyer as said above... Especially since you will be dealing with two insurance companies. If you were Tom going after Bob, then small claims might be a good idea on your own... Call up a few attorneys who will talk with you about your case for free and get a feel for what they are saying and what they say they can do for you (and for how much)...

Let us know how it goes!

 

[robr]

christ! why cant businesses just do the right thing!! it sucks that the individual consumer, that doesn't have the resources that these big companies do, has to either suck it up or figure out how to 'beat the system' that these corporations set up. an attorney? those cost more than he's hoping to gain.... that's just another part of the game. it makes no financial sense to hire an attorney when it's a few grand at stake... assuming you can afford one in the first place.

 

[OneRedNSX]

an attorney? those cost more than he's hoping to gain.... that's just another part of the game. it makes no financial sense to hire an attorney when it's a few grand at stake... assuming you can afford one in the first place.

keep in mind that some courts allow you to recover attorney expenses as part of your damages (as long as that isn't included in the 3k limit for that particular court)...

hence the suggestion that he go shop around with a few to see what all of his options are since none of us will probably be deeply familiar with the particular court that he will have to go to...

Fact of the matter is, if he has to go up against 2 insurance companies by himself he might as well just drop the whole idea. At that point, I'd just take whatever money I could get from whoever was offering it and cut my losses..

 

[Hard Five]

There is no real money in property damage claims for attorneys, so most will not take you on as a client, and those who will will do little to assist other then maybe write a letter.

Ask the company who has a "witness" how they obtained said witnesses info, and if they can share it. If they say no, because of privacy reasons, ask them to call the witness and give them your info, and have the insurance company explain your need to speak with them in order to recover damages to your car.

Also, if the witness info is on a police report, get a copy of the report, and see what the witness says happened. The report should have his info, so call him and see if he'd be willing to explain what he saw happen. Try to get him to provide you a written statement, or a recorded statement over the phone (if you go the recorded route, record an intro clearly explaining who you are, who they are, you both understand the call is being recorded, and you have their permission to record). People who stick around to be witnesses usually are willing to help as most people just leave after witnessing an accident.

If, and it's a big IF, the witness can actually describe what happened, and that description clearly shows the taxi is at fault, take that info to the Taxi cab companies insurance, and advise them you will be filing in small claims court should they not address your damages at 100%. Either they will work with you, or deny the claim, at which point you have the necessary evidence to prove your case in small claims court.

If however the witness is vague or didn't clearly see what happened then I'd probably take the 50%. You could try small claims court, but without an independent reliable witness, its all word vs word between the other car and the taxi, so I doubt you'll get a better judgment then the 50% you've already been offered.

Edit - Just for FYI, I used to be a claim adjuster with Progressive, and I currently handle risk management for a public entity, which includes using small claims court to obtain judgments. This would be my best advice, and what I would do, if I were in your shoes.

My damages total $3800. The taxi's insurance company estimated my damage at $1700. My car's KBB private party (good condition) value is $3200 and retail (excellent) is $4500. Edmunds is about $2200 retail and $1250 private party. The small claims court limits my claim at $3000. Should I file in small claims court or civil court? I'm wondering if the court would consider only the repair cost of my car, or also the actual cash value of the car. Should I file for the max $3000 in small claims court?

Thank you in advance.
-Brian.

- Who says your damage is 3800? Get multiple estimates as some shops greatly over estimate damages, just like insurance companies under estimate them. Also, in the course of getting estimates, if you find what you feel is an honest, reputable shop, see if they will review the estimate written by the Taxi cab's company and put any issues in writing for you. That way you will have a great argument should the Taxi cab insurance argue they should only have to pay of their estimate.
- KBB is garbage as far as getting an accurate value. If they'll use it good for you, but I wouldn't count on it.
- Edmunds is better, but I would use NADA to gauge value. It's used by a lot of insurance companies and banks when determining vehicle values.
- if the car is fixable, they will consider the repair cost. If you can show multiple estimates showing the damage exceeds the value, they will go off the ACV.

 

[DRIFTER]

it makes no financial sense to hire an attorney when it's a few grand at stake... assuming you can afford one in the first place.

Unless Im mistaken you can get money to cover the attorneys fees as well. I still think It's a good idea to lawyer up. Sometimes thats all it takes:smile: I don't think the insurance company is going to battle a fight that they have a good chance in loosing in the end.

All it will cost is your time. If its worth it to you then go for it. I would try and get them for everything you can out of principal alone even if it cost me money in the end. They might think twice next time they try and bully the little guy.

 

[DocL]

There are two lessons to be learned here.

First, don't go to NYShitty.

Second, always try to have comprehensive/collision insurance. You took the risk of not having coverage and now you are out a few grand. Oh well.

 

[MoogieBoogie]

Thanks for the replies.

Hard Five: I'm going to try your method. I'll give Allstate (the other person's insurer - not taxi) a call and ask for the witness statement. It wasn't on the police report. The estimate came from a local body shop. NADA values my car as clean trade-in at $1,725 and clean retail at $3,500. The $3,800 repair estimate was about $3500 in damages and $300 in rental car fees (17 days to repair the damage, including weekends).

Since I'm the innocent party here, I'm looking for the court to assign fault and award damages. I feel that one of the reasons why small claims courts exist is for this reason. I don't want to let the insurance company go without paying for damages their insured caused to my car.

If it was a small difference, I would just let it go, since given the time and hassle, it wouldn't be worth it. But the insurance company is offering me 50% of their $1,700 estimate - $850. That's not a small difference from the ~$3,000 I hope to recover in small claims court.

Thanks again everyone.
-Brian.

 

[robr]

Unless Im mistaken you can get money to cover the attorneys fees as well. I still think It's a good idea to lawyer up. Sometimes thats all it takes:smile: I don't think the insurance company is going to battle a fight that they have a good chance in loosing in the end.

All it will cost is your time. If its worth it to you then go for it. I would try and get them for everything you can out of principal alone even if it cost me money in the end. They might think twice next time they try and bully the little guy.

Assuming you win.... and assuming attorney fees are awarded, which even if it's an option may not be a given. It could very well be throwing good money after bad.

 

[MoogieBoogie]

Hard Five - thank you so much for your advice.

I called Allstate yesterday to request a witness statement. I explained the situation to them, and they escalated my case (already closed at that point) to someone. I thought they didn't want to go through the hassle of appearing in small claims court, but apparently their attorneys already settled with the other insurer.

I will receive a check for half of the initial estimate from each insurer. It's less than what the bodyshop quoted me for the work, but having to take a day off and drive almost 2 hours to go to court isn't worth the hassle for a few hundred dollars.

 

[DRIFTER]

Hard Five - thank you so much for your advice.

I called Allstate yesterday to request a witness statement. I explained the situation to them, and they escalated my case (already closed at that point) to someone. I thought they didn't want to go through the hassle of appearing in small claims court, but apparently their attorneys already settled with the other insurer.

I will receive a check for half of the initial estimate from each insurer. It's less than what the bodyshop quoted me for the work, but having to take a day off and drive almost 2 hours to go to court isn't worth the hassle for a few hundred dollars.

Well thats good news. As soon as you started pressuring them for more info they both payed up. Good :smile:

 

[Hard Five]

Hard Five - thank you so much for your advice.

I called Allstate yesterday to request a witness statement. I explained the situation to them, and they escalated my case (already closed at that point) to someone. I thought they didn't want to go through the hassle of appearing in small claims court, but apparently their attorneys already settled with the other insurer.

I will receive a check for half of the initial estimate from each insurer. It's less than what the bodyshop quoted me for the work, but having to take a day off and drive almost 2 hours to go to court isn't worth the hassle for a few hundred dollars.

Glad to hear it all worked out. :smile: