Attorney Answers Queens County Car Accident Question Large truck hit my Honda on Northern Bl'vd in Queens County, NYC. Dents and markings on my vehicle distinctly indicate that it was his fault. I took photos right away. I have only liability insurance. My insurance company suggested I file claim with the other driver's insurance. I did. They sent the adjustor to estimate the damage and gave me the estimate. Now, they claim that it was my fault. I have a solid case to prove that it was their driver's fault. Can I sue that Insurance company in small claims court? I don't want to sue the driver. I don't think he can pay.
Attorney's Response to Car Accident Question from Queens CountySorry, but if the other driver's insurer won't pay, to recover for the car accident with an auto accident attorney, or in Queens County small claims court without an auto accident lawyer, you must sue the driver. The driver has to be served with process and he will give it to his insurance company. His liability insurance provides him with an insurance company auto accident attorney to defend him in the Queens County action. In fact, if you sue the same insurance company that originally denied liability for the auto accident claim may just offer a settlement to avoid having to pay to get their car accident attorney involved. If the damages are not too high, you could, instead, sue him in small claims court. If you win, his insurance will pay for your damages. Depending on where you are in NY, there's a $5K limit, $3K in town and village courts. (I think it is $5,000 in Queens County.) While suing in small claims court will save you from having to pay your auto accident attorney legal fees, and most lawyers do not want to get involved with minor property damage only claims, if there is any personal injury it definitely pays to speak to a car accident attorney in Queens. Have a question for a Queens County Car Accident Attorney, ask here.

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