How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88355
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hello, End of June I was in NY for both personal and business

Resolved Question:

Hello,
End of June I was in NY for both personal and business reasons. Someone drove into the back of my parked car while texting and driving. My sister heard the accident and immediately called the police and took pictures. I do not have collision insurance so my company told me I had to go to the claimant's insurance company but they did not that I was 0% at fault. Tower Group Insurance (claimant's insurer) representative was polite but said 10-14 days to get police report. I downloaded it that night and sent it to them the next day. They couldn't find their client's policy or number so that was causing delays so I went to the claimant's home and asked them for the policy number and submitted that to their insurance company. They were going to approval a car rental but that didn't come through until 9 days later after numerous discussions that I had to get home. Finally I told them it was not realistic for them to make me drive 1000 miles home in a rented car just to drive back 1,000 miles and drive my car home 1,000. I needed for my daughter and I to return home since I had numerous other commitments outstanding. And I didn't have the time for a two-day drive each way plus the return which would have been 6 days of my work time. I told them the price of the airline tickets and said if they did not approve it that day, the next day it would cost at least $100 more per ticket. I could not complete my business while there since I required a large vehicle that could tow.
To make it short, I was frugal in all expenditures so as not to increase the expense of the trip or undo expenses to the insurance company. I incurred over $3,000 in expenses to get back and forth and have paid all out of pocket to-date. My car was not ready for pickup until 3 weeks and 4 days later at which time I flew back to NY, picked up my repaired car, completed 5 days of work without my helpers (initially should have been 2 days with 2 helpers plus myself), and drove back to Georgia.
The insurance company said they will only reimburse me $800 for the car rental in Georgia and some gas; originally they said all expenses while on road including gas, hotel, meals, etc. During this waiting period, I stayed with family and used their car until the insurance company would meet their responsibility of reasonable expenses.
My car dealership said they should have given me a car equal in value to my GMC 7-passenger Envoy with tow package and owe me depreciation value as well since I was considering trading in my vehicle and now that it's been hit, it lowers the price I would get by 25% of the total repaired value (just under $5,000).
I have all my receipts and email communications but no longer want to deal directly with the insurance company. Someone suggested that I send them a registered letter with supporting documentation and file a complaint with NYState Insurance Board if they do not comply.
What would you suggest I do?
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The insurance company of the other driver (Tower) is liable for ALL of your expenses incurred as a result of their driver's negligence. You need to start by putting together an itemized list of all of your expenses and costs incurred and you need to send them a letter with copies of receipts and state in the letter you in good faith sought to mitigate the losses and their refusal to make payment to you upon proving those expenses to them is considered a bad faith denial of your claim and you would pursue them under NY Insurance Code 2601 for unfair claims settlement practices and you will seek monetary penalties through the Insurance Commission (the penalty is $500 per offense and NY does not provide any other penalty for these practices).

NY Ins. Code 2601 states in pertinent part:

(a) No insurer doing business in this state shall engage in unfair claim settlement practices. Any of the following acts by an insurer, if committed without just cause and performed with such frequency as to indicate a general business practice, shall constitute unfair claim settlement practices:

(1) knowingly misrepresenting to claimants pertinent facts or policy provisions relating to coverages at issue;

(2) failing to acknowledge with reasonable promptness pertinent communications as to claims arising under its policies;

(3) failing to adopt and implement reasonable standards for the prompt investigation of claims arising under its policies;

(4) not attempting in good faith to effectuate prompt, fair and equitable settlements of claims submitted in which liability has become reasonably clear, except where there is a reasonable basis supported by specific information available for review by the department that the claimant has caused the loss to occur by arson. After receiving a properly executed proof of loss, the insurer shall advise the claimant of acceptance or denial of the claim within thirty working days;

(5) compelling policyholders to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them
; or

(6) failing to promptly disclose coverage pursuant to subsection (d) or subparagraph (A) of paragraph two of subsection (f) of section three thousand four hundred twenty of this chapter. (b) Evidence as to numbers and types of complaints to the department against an insurer and as to the department's complaint experience with other insurers writing similar lines of insurance shall be admissible in evidence in any administrative or judicial proceeding under this section or article twenty-four or seventy-four of this chapter, but no insurer shall be deemed in violation of this section solely by reason of the numbers and types of such complaints
.

If they do not comply and pay you what you lost as a result of the negligence of their driver, then you would need to file your complaint with the insurance board and also file suit against the driver and the insurer to collect your damages.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 10 months ago.

I believe your answer was direct and concise. I will submit my letter to the insurance company. Depending on the time period for their response, how long is my window of time available to submit another question to you regarding this case?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you very much.

You can come back and reply to expert at anytime you like even after leaving excellent service feedback and I am more than happy to reply to you and address any new issues regarding this matter that arise.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88355
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.