parking lot auto accident/not car owner/small claims

[MarkR180]

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

Hi,

Two weeks ago, a housemate was in a car accident in a parking lot. It was a fender bender and both vehicles were backing out and turning out of their spaces. The other driver did not want to wait for police and left before the police arrived. My insurance has the claim at 50/50 liability and the other driver refused any liability, claiming he never left his space. His insurance is investigating due to my housemate calling them. The housemate owns he car and it is registered in their name. I have the housemate on my insurance and I am the primary for the insurance. Now the other driver is taking me to small claims court for the full amount of what he believes is the total for the damage.

Since I am not the vehicle owner and the car is not registered to me, can I get this dismissed? There is a section in the small claims notification about a third party claim. I do not know if this means I need to file paperwork to include the insurance or my housemate.

 

[ecmst12]

You let your insurance handle it. This is what you pay them for.

 

[MarkR180]

You let your insurance handle it. This is what you pay them for.

The issue is not about my insurance handling it. They did handle it. They came to the conclusion of 50/50 liability. The issue is that he denies what happened at the accident and claims no liability. He has no evidence to support his side, while my side has evidence to support the 50/50 liability. He has denied the claim to his insurance and is attempting to sue me directly to try and have the judge come to a different conclusion than the insurance company arrived at. The amount is within the amount my insurance covers. My question was that since I am the one being sued and I am not connected to the vehicle in terms of registration or ownership, nor was I involved in the accident. He is suing me directly because I am the primary for the insurance. Can I get this case dismissed (which I'm guessing will mean that he might refuse paperwork against the actual driver/owner of the vehicle), or am I supposed to add the driver and my insurance as third parties to this suit. I do not know what the third party claim means in terms of a case such as this.

 

[Dave1952]

Just because your insurer has decided on 50/50 liability does not mean that they are done. They must represent you in this matter. That's what you pay them for. Speak with them and request a lawyer to represent your interests in this legal matter. Don't dawdle, call them ASAP.