My name is ***** ***** I would be happy to provide you general information regarding your property damage issue. I am sorry to hear about your situation and hope I can put your mind at ease.
Because of the length in time in reporting the accident, you would be correct in that you would have to file a small claims suit in order for any recovery to occur (unless you know the insurance company before filing a suit). There are two main reasons for this. First, the obvious, if they are saying they did not cause the accident and you have a witness stating they did, a court would not to decide, based upon all the testimony and evidence, whether or not the tow company is responsible.
Second, and more pragmatically, you do not know the tow truck's insurance carrier. I have a feeling if you simply ask them, they would not give it to you. So, in order to get their insurance company involved, the tow truck company needs to be sued. They would then tender the defense to their insurance carrier (who will more likely be willing to settle the claim short of trial if provided the statement from this independent witness).
If the state provides you the insurance information, however, you may be able to resolve this without the need of even filing a lawsuit. From the pictures, the property damage looks relatively minimal. You also have a witness statement and you have a good reason for not filing a claim until a month after the accident. Insurance companies, in order to fight a lawsuit, will need to spend thousands of dollars in legal fees. They also have to pay their expert to testify in court about the reasonable charges for repair of certain damages to a vehicle. This is very expensive for insurance companies to do. This is why they are usually more willing to settle without a trial for repairs to vehicles when the damage is minimal and there is supporting evidence that their insured was at fault for the accident (both of which apply here).
If, however, you do not or cannot resolve this pre-suit, and there is a trial, then you would indeed need to call the security guard as a witness. This is an absolute requirement. Without his testimony, it would be a "he said, she said" trial. Because the burden of proof would be on you to show that, by a preponderance of the evidence, that the tow truck struck your vehicle, you would need all the support out there to bolster your theory of the case. I do not see how, without the witness' testimony, you would be able to meet your burden.
Regarding your insurance rates, what you stated would not be accurate. Insurance premiums ONLY increase if, after you or anyone else makes a claim with your carrier, your insurance carrier PAYS OUT. Being in an accident is irrelevant because, as in this situation, not all accident's are the premium payer's fault. Furthermore, your insurance company does not and will not know about this accident. They have no reason to know about it because no claim has been filed with them. Also, since you are not filing a claim with your own company, you do not have to worry about any premium increase or dropping of coverage.
The purpose of the accident report is so the state of New York can collect information and data about accidents and, most importantly, keep track of insurance and insured vehicles. Random insurance checks and audits are conducted based from the reports and, if no insurance is found based on the accident report, New York will send notice to someone that they must provide proof of insurance within a certain time or their registration or DL may be suspended.
So, the accident report will have zero effect on you or your insurance premium.
I hope this has helped. Please let me know if you have any follow up questions. I would be more than happy to answer them.
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