Details: 6-25 in NYC, a 93 year old woman drove into and totaled my parked car. I had just gotten into it. The door was not fully closed when she struck the edge of the nearly closed door, totalling my car.
I called ther NYC police. There were no witnesses to this accident on a residential street However, the 93 year old lied to the cops in private and told them I opened the door. I was in fact, closing the door to drive to a doctor's appointment some 40 minutes later. I am also a senior citizen.
The police report came out stating the " As car door open, driver ( The old lady) hit the parked car. Her insurance compnay refuses to pay a cent, So I am in small claims court in 2 weeks.
I wrote and filed a civilian accident report correcting the police report, but cops refuse to change anything,. The cop who wrote the report was in the police car the entire time. It was the other cops who inter
2007-10-15 03:55:22 · 5 answers · asked by Legandivori 7 in Politics & Government ➔ Law & Ethics
you can search for accident investigators. they are usually with SHP. ask them to reinvestigate.
2007-10-15 03:59:14 · answer #1 · answered by trooper753 5 · 0⤊ 0⤋
I'm a bit confused- is the damage centered on the door? If so, how does this 'total' the car? Was the door torn off or something? Do you have good scene photos? A set of photos and a diagram of the lot might show how open your door was, which might help your case. Statements in your favor from witnesses? Your day planner or a statement from the doctor about the appoint might help persuade a judge that you were getting into your car... maybe. Otherwise, it is your word against hers. Certainly, the report might have been written in a more balanced way, but it is very common for he elderly to state things in terms that reduce the chances their insurance or license will be affected. If you have nothing other than your word, then you may not have much of a court case. Does your insurance cover you? If so, let them fight it out- they can do so easier than you can.
2016-05-22 18:00:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Let me see if I understand you: your car door was almost closed when this woman hit your car door and totaled your car? So neither car had side-view mirrors, which stick out 5-8 inches? She would have to have been driving within an inch or two of your car. You really expect anyone to believe you? Maybe you need glasses - or a better grip on reality. It's clear why her insurance company declined to pay.
2007-10-15 04:15:52 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
If your car was parked on a city street, and if the door was in the driving lane, you have a problem. Vehicles traveling in the driving lane have the right-of-way.
If you win in small claims court, expect the insurance company to file an appeal. It will force you to hire an attorney to answer.
2007-10-15 04:01:56 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
my guess is that if you door was open on a the street side you are gonna have a tough time.
I would also expect her insurance co will try to opt to get this out of small claims
I assume you only had liability insurance?
2007-10-15 04:18:50 · answer #5 · answered by roadrunner426440 6 · 0⤊ 0⤋