Suing the City of New York Office Comptroller

IG23 said:

What is the name of your state? New York

Well here is my story. I got into a car accident with New York City Police Van. I was driving behind a Police Van, then the van stops beside a double parked car and I stop about 1 and half car lengths away. I could not go around him because its a two way street (one line each way). So as I am standing there waiting for the cop to move, he starts to back-up, at first I thought he just wanted to back up a little but as he got closer, I said oh ****, I put the car in reverse but there was an SUV right behind me, then I turn around and the van is on my hood. To my luck it was rookie cop, but luck changed as very nice sergant came and made the police report, which said exactly what happened, putting the blame 100% on the police officer. I had to file to the claim with City of New York Office of the Comptroller because I do not have full coverage on car, only liability. I made an estimate the at my delarship, which came out to $4100, which was pretty straight foward. I needed a new hood, headlight, radiator, front bumber, radiator support, and fix the left fender. I also took pictures of the car. I filed the claim, got a claim number. Then the City sent out an independent adjuster to look at my car. I left my car at the dealership so they can show it to the adjuster. They did but they also told me, that when the adjuster came, she only took pictures of the car and didn't ask any questions, or even start the car, so you can smell radiator fluid.

Any how, about month and half later I get a settlement letter, for $1400. I call the adjuster at Comptroller office, tell him this offer doesn't even cover the parts on the car, so after talking to him for about 20 minutes. He tells me, he going to talk to his boss and call me back. He calls me back and says the most he can settle for is $2500. I ask him, how did they come uo with that price and he tells that on the report that the independent adjuster made, she says I don't need a new radiator (leaks fluid), front bumber (torn at the part where it is attached to the radiator support and scratched up), and headlight (cracked and it takes in water when it rains). After talking to him for about 20 minutes, he said he could not do anything else for me. He said my only option is to go to small claims court, but its limit is only $3000.

So I call up the small claims court in NY, they tell me that they are raising the limit to $5000 in January. I pretty much decide to go to smalls claim court in January. My questions are:

Do you have any shot in recovering the money for the damage to my car in small claims court?

What do I need to go to small claims court?

What do you suggest I do before I have my date in court?

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IG23 said:

Well when I called the small claims court, they told me to file in January, so I can sure the City for my full amount.

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stephenk said:

IAAL, without looking at the statute, the poster may be able to take advantage of the raised SC limits. the typical reason for raising SC limits is to reduce case load in the higher courts. It would be contrary to that policy to have the poster still file in a higher jurisdiction court when the SC limit is within the claimed amount.

MY RESPONSE: Stephen, I understand the reason why the State is increasing the jurisdictional limit in January. However, to hold the Defendant's "hand to the fire" under the new limit, when the accident occurred on a date when the old jurisdictional limit was in effect would be fundamentally unfair - - holding a defendant to a "higher risk" of financial loss when the same wasn't known at the time of the accident. Why should the defendant be penalized for a greater risk, nunc pro tunc?





To the original poster, go for the $5k. Unless the new statute raising the limits of small claims court specifically addresses claims not filed but viable prior to the limit change, you should be able to ask for $5k.

MY RESPONSE: I agree with this premise. Of course, ask for the greater amount - - because if you don't ask, you don't get. However, I firmly believe that the judge will look at the date of loss and not allow damages in excess of $3,000.00. But hey, I'm not the judge - - and miracles do happen.

IAAL

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