Recovering Damages From a Hit and Run - What Are My Options

[Rodik]

My question involves a traffic accident in the State of: New York

Hi all,

Here is my story.
In February my car was hit while parked. I guess a good Samaritan left a note with the licence plate number and description of the car. I called police and got the report. I filed a claim with my insurance company but as i only have liability the only thing they did was send a few letters to the registrant of the vehicle. She never replied. So i went trough DMV to find her insurance information and filed a claim with her insurance. After two month they denied my claim because they could not get a hold of their client (or so they say). Also their insurance company sent me the adjuster who only priced body damage which is about half of the cost to get my car back to proper order.

My questions are
Who should i sue the owner or the insurance company?
Should i do it myself or get a lawyer?
What court should i file it with?

Thank you all in advance.

[Mr. Knowitall]

You would have to sue the person who damaged your vehicle. That person can make a claim with her insurance company.

I am skeptical that the amount of money involved would justify your hiring a lawyer, but you didn't state the cost of repair.

You would probably file in small claims court but, again, you didn't state the cost of repair. If the damages exceed the court's statutory jurisdiction, you will have to either sue in a regular trial court or waive your claim above that limit.

[Rodik]

thanks the cost is around 5k, and the person ignored the claim i made with her insurance company, her insurance company could not get a response from her on this. so small claims court it is. thank you.