accident help

Greetings All,
We had accident in NYC last Sunday. We were going straight in through lane on a green light with 20-25 miles of a speed. Another car came from left (Trying to make left turn) and hit us on front wheel in driver's side from her right (Passenger side) front. Both (My car and her car) cars are registered in new jersey. Upper body (Bump) on a front driver side wheel was band and wheel is not through. Rim is also hurt. Fortunately, there is no injury.

As soon as it happened, other lady said "Sorry" to me but I called police. By the police came, other lady said we hit her when she was making a turn (I still do not understand if I hit somebody why somebody will say sorry to me???). Police report shows how it happened and both parties statement. After all this, I am with no car for last 4 days now.

I called my insurance company and my insurance company is giving me two options. To simplified, I am going to say my insurance company is company A and other driver's insurance company is company B. Company A gave me two options.

1) I file my claim with company A. I have to pay my deductible and company A will pay the rest. Company A later tried to negotiate with company B and settle the claim. If company A gets money from company B, they will pay me back (If money company A will first deduct money they paid and than give me money).

2) Company A will not help me anything and I have to fight with company B myself.

I have been getting calls from company B from next day when it happened. They recorded my statement. I got police report and sent it to company B. I asked about rental car policy as I want car. Today, I got following email from company B about rental car and cost.

-------------email starts-----------------
As per our conversation, Rental is on a reimbursement basis and reimbursement is according to final liability determined. And in your area B will allow an economy size vehicle at the rate of $19.50 a day plus tax. Any additional mileage, gas, insurance or any extras is not reimbursable. B will cover rental according to repair time allocated by the B adjuster.

When the adjuster comes to inspect your vehicle, he/she will let you know the extent of your damages and give you a copy of the estimates to repair your vehicle. In the estimate it will state how long it will take to repair your vehicle. Once the car goes to the shop to get fixed, B will then cover their legal liable percentage of the rental. Again it is based on final liability and its on a reimbursement basis. You will have to pay out of pocket, then you submit the bill to us by and B will reimburse you their legal liable percentage…… Example if a B policyholder, (not in this case) was to be found 60 percent liable for an accident, B will pay for 60 percent of the damages to the other party.

As I previously explained to you, New York is a pure comparative negligent state, which means that both drivers can be held both liable a percentage anywhere from 0-100 for the accident based on their actions and/or inactions. Basically meaning that each driver will be held liable a percentage for what they did to contribute to the accident or what they didn’t do to avoid the accident.

-------------email ends-----------------

I went to my car dealer to get an estimate of repair cost and it came approx 3000 USD (and there is one portion of it which they can not decide until they open car, if it needs to replace, it will be 500 USD extra cost on this).

Now here are my questions
1) Is it true about moving vehicle law in new york? I thought if I am going straight, I have right and in that case, I am not liable for the accident.
2) What company B is saying about rental car is correct, Am I not eligible for renting car now when it is not in garage for repairing? Won't company B should pay for it? Why would I pay from my pocket? If i pay from pocket, do they really reimburse?
3) Can I claim loss of value from company B?
4) Should I be really hiring lawyer?

Any help/response is highly appreciated.

Thanks in advance

Thanks,
H

Is your car driveable or not?

I can drive it with lot of difficulties as body heats wheel... Thus to avoid any further problem, I have not drive it since the accident day

Thanks,
H

is there some reason you don't just take option 1 from your insurance company?

I think that's your best bet given the circumstances. If your car can't be driven safely you should be reimbursed for all the rental costs SO LONG as you don't delay getting the repairs started while you wait for the liability decision.

I am not opting for option 1 as It was not my fault as I was going straight in through lane and got hit from someone who is making left turn. If I go with my insurance, they will increase my premium from next time and it will go in to my history as well....

No, it won't. You were not at fault and will not be charged with an at-fault accident. They will recover from the other insurance company and you will get your deductible back.

is following a true statement???

"New York is a pure comparative negligent state, which means that both drivers can be held both liable a percentage anywhere from 0-100 for the accident based on their actions and/or inactions. Basically meaning that each driver will be held liable a percentage for what they did to contribute to the accident or what they didn’t do to avoid the accident."

If yes, that both parties are at fault. Companies B representative is saying I am at fault as well as I did not honk the other driver or break my car.

Company B is full of crap. What does YOUR insurance company say?

You being 5% at fault still does not allow them to charge you with an at-fault accident, you need to be MOSTLY at fault for that. And I still think you are 0% at fault here.

The statement is true, the conclusion is not.

One can claim the error of following too closely. That error is pretty much universally applied in situations such as this.

You shouldn't hit people from behind unless they are backing up into you.