Mr_auto

mr_auto · #1 03-01-2009, 06:48 PM

What is the name of your state (only U.S. law)? New York

I live in New York. My parked car was hit at the back in early October '08. The driver hit and ran away, left NO information at all. I have no collision coverage with my insurer. My kind neighbors came forwards as my witnesses with the other driver’s Maryland plate number. I filed a report with my insurer and the NY DMV, contacted the Maryland DMV, etc. After a long follow-up process, we’ve found the driver’s insurer and they initiated the investigation. Finally, the insurer called and told me that because their insured refused to cooperate in the whole process (by ignoring their mailings & personal calls), they decided to close the case and deny any & all coverage/claims related to the driver. They just told me to sue the driver directly.

So my questions are:
1) Are insurers, under US Laws, allowed to deny claims SO easily just because their at-fault customers ignore their investigations?

2) What is the quickest & most cost-effective way for me to fight for my loss (appraised at $ 1600)?

3) Besides filing a complaint against the insurer with the state department, is there a way to go after the insurer ( I don't want to risk my personal safety dealing with this driver who ignores official mailings - Mary DMV refused my case because this person is already being investigated on another case, and he keeps ignoring their mails too!).

Thanks a lot for your help!

ecmst12 · #2 03-01-2009, 07:48 PM

1. Yes

2. Small claims court.

3. You can't go after the insurance company, they did not cause the accident and they have done nothing wrong. A lawsuit should get their insured's attention and get him to cooperate with their investigation.