What are my rights if the driver who hit me was incoherent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if the driver who hit me was incoherent?
She didn’t know what had happened. Now it’s been 2 weeks and her insurance company says they can’t get in contact with her, so they are holding up claiming any liability for my damage done to my car.
Asked on September 11, 2013 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Sue her--that's how you force the issue. Her insurance company will have to step in to defend her and (if you win) indemnify her (pay for the damage she caused, if you prove she was at fault). If the amount at stake is less than the small claims limit in your state, you may wish to file the action pro se (acting as your own attorney) in small claims court; otherwise, consult with an attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.