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my car was in a accident the other driver was 19yrs old and

DWI and was not he...
my car was in a accident the other driver was 19yrs old and DWI and was not he owner of the car. the insurance company said they would pay , then they said they were deducting from my payout for the tow company and storage am i liable to pay those cost when i was not at fault
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7/25/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Was the police on the scene?
2) Who was ticketed as being at fault at the accident?
3) Is it the other driver's insurance that you are dealing with, or, did you have comprehensive coverage and are dealing with YOUR insurance?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

police was on sceen, the other driver was ticketed at fault she crossed double line,yes it is the other drivers insurance. they sent me a letter stating they would pay a certain amount when i complied they wanted to deduct money from that amount

Thank you, Ken.

Please understand how this works. Once someone hits you and they have insurance, the insurance is liable for the judgment that you'd get against the driver if you sue them (in limited amount, but usually pretty high). Ergo, to avoid paying out huge sums from a judgment where their driver is likely responsible, the insurance company likes to settle the claim to avoid litigation. Once an agreement is reached, you sign a release and waive your rights to sue in exchange for the payout.

But, how does one reach that settlement? The insurance adjuster. The adjuster's job is to make you miserable. They will ignore you, confuse you, and ask for redundant and seemingly needless paperwork in an effort to talk you into a small settlement or have you give up all-together. So their request to "deduct" anything is simply a way for them to minimize how much they pay out. And remember, statute of limitations usually only gives you a limited time to file suit, which is three years for personal propery damage per N.Y. Civ. Prac. L. & R. §214. They know this; they hope you do not. If you miss the three year mark, you can no longer file against their driver, which means they do not even have to work with you.

What they are offering should at least cover:

1) all medical bills;
2) all bills for vehicle repair;
3) missed work; and
4) pain and suffering.

They should cover all tow and storage, because they are liable for the payout if you sue their driver.

Not that they have to, but because they know that you'll at least get that in Court. The last one (pain and suffering) is the wild card, and there is where they will try to avoid paying much.

An attorney usually cuts through this malarkey since the adjuster knows counsel does not put up with this and WILL file suit if needed (whereas here, they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely). Then a settlement is usually reached. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

May I recommend the NY Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
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Customer reply replied 4 years ago

i dont think you understood the driver was not the owner or insured party

Ken,

And the insurance company you are dealing with represents the actual owner of the vehicle, then?

If so, then the actual owner may still be liable for negligent entrustment for allowing the driver to drive, and if so, then the insurance may be liable to cover the judgment if they insure him from this.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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