Need advice on a NY liability dispute after a car accident.
The other insurer denied liability and is calling it basically a “word vs word” traffic-signal dispute. My position is that I had the right of way, and there is evidence supporting my side, including a police report and witness information. Their insured says otherwise, and they are choosing to side with their insured.
They are downplaying the police report because the officer did not personally witness the crash, and they are also pointing to the lack of dispositive video footage. They cited New York traffic law to argue that I had the greater duty to avoid the collision.
My issue is that they still have not clearly explained what evidence they accepted, what evidence they rejected, and why they gave more weight to their insured’s version over the contrary evidence.
I have already challenged the denial in writing and asked them to specifically identify:
– the factual basis for the denial
– what evidence they relied on
– what evidence favoring liability they rejected
– why they rejected it
I do not have collision coverage, so I cannot go through my own insurer for vehicle damage. I’m now considering filing a complaint with the New York Department of Financial Services and possibly suing their insured.
Main questions: How to effectively escalate this as I 100% had the right of way, just no concretely evidence to corroborate? If I escalate to fight legally, how should I approach so?
Posted by honcler
7 Comments
Well, you gave basically zero information as to what happened in the accident.
However, if it is word v word and there is no independent evidence, then they would side with their insured. Are the witnesses you speak of other drivers or pedestrians, or are they passengers in your vehicle?
If you have no additional evidence to provide, there is nothing to escalate. “I don’t agree” doesn’t hold much weight.
If you chose not to carry collision coverage on your vehicle, then you chose to self-insure in the event of any damages. You can’t rely on anyone else’s insurance to cover your damages.
What happened in the collision? If you were turning at the intersection you are majority at fault in most cases.
At most traffic lights you can see what color your light is but you cannot see what color yours is. You have to wait until it is clear.
They don’t have to provide a third party their insured’s facts if loss. If your statement is different from theirs, then they will accept their paying insured’s story, as your insurance would if the positions were switched. They’re right – The police didn’t witness the accident. Your options are to use your own insurance or sue the other driver.
You have to sue the other party. That’s your only recourse here. They don’t owe you the explanation you are asking for
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This is unfortunately quite common in light disputes with no camera footage or witnesses. While your post does not make it clear what happened, generally speaking to light disputes, they attempt to find as much independent evidence as they can.
It sounds likely unfortunately that is limited. There’s no footage. No witnesses. So it’s your statement, their statement, likely an investigation of the scene/light configuration and damage reviews that made the determination.
If you’re both on the same road, that leads me to believe there is a turn involved. However if you were on cross streets – that truly is word vs word since both parties can say they have the green light and there is no concrete evidence. So unfortunately they will side with their insured. The most you could do is escalate it for review by a supervisor but it doesn’t sound like that would change the outcome.