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10-10-2006, 07:21 PM
| | Junior Member | | Join Date: Oct 2006
Posts: 2
| | | New York Auto Insurance - No Fault?? What is the name of your state? New York.
I was involved in an accident in New York City where someone turned right on a red light in front of me. I had a green light was was driving through the intersection and didn't have enough room to stop in time, thus hitting her. Both cars sustained damage and there were no injuries.
An accident report was filed and there was no citations given to either of us.
I was driving a rental car and do not have personal accident insurance since I don't own a car. My credit card covers collision and that part of the insurance is going to reimburse me for damages to the rental.
My question is does NY have no fault and if so, does that mean I don't have to deal with the other person? She called me telling me that her mechanic told her to deal with MY insurance company since she'd have to pay and then be reimbursed by her insurance. Basically, she's asking me to pay for her damages.
Is this something I should worry about or am I right in thinking that NY has no fault and also since neither of us was cited for being at fault that we just deal with our own insurance companies?
Thanks! | 
10-10-2006, 09:57 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | No fault has nothing to do with property damage. No fault just means that each person's auto insurance pays for his/her own medical bills if there is an injury. Who was at fault for the accident according to the police report? I would think that it's her fault, even if turning on red is legal the burden is on the one with the red light to make sure the way is clear before turning. So your insurance should have nothing to do with her damages and her mechanic is off his rocker. In fact, your credit card company will probably pursue reimbursement from her insurance company for the damages to the rental car, so if you had to pay a deductible, that will be returned to you if they are successful. | 
10-11-2006, 08:16 AM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | Quote: |
No fault just means that each person's auto insurance pays for his/her own medical bills if there is an injury
| ...Up to $50,000 in NY.
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10-11-2006, 04:18 PM
| | Junior Member | | Join Date: Oct 2006
Posts: 2
| | | Ok, I got more info on the situation and I think this is the deal.
My credit card covers collision, thus will cover the repairs to the rental.
As for what the woman is asking, this would fall under liability which the primary holder is the rental company (as the owner of the car). They didn't have any documentation in teh car at the time regarding their policy so it wasn't on the police report or I probably would have never heard from her. If she calls me back, I need to tell her to call the company and deal with their insurance.
Somebody please correct me if I'm mis-stating anything. | 
10-11-2006, 04:20 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | YOU are responsible for the damages to her vehicle and for her medical bills. You were the negilgent party, not the insurance company. However, the insurance company MAY pay the claim. Call and ask them.
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Originally Posted by arazi Quote: |
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10-11-2006, 04:30 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | I don't think this accident was OP's fault... | 
10-11-2006, 08:01 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | Oh, you're right. I'm sorry. When she said that credit card will pay for the rental vehicle, I just went from there. The at fault party will pay for everything, so there is nothing for you to worry about!
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My new signature:
Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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