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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Question Rear Ended - 'Not at Fault' in 'No Fault State'

    My question involves insurance law for the state of: NY

    Don't have much knowledge regarding insurance situations and such, thus my question.

    Driving along I stopped short due to someone ahead of me stopping short.

    - I stopped way ahead of time as did the driver behind me
    - Driver behind me was rear ended by the driver behind him so forcefully that it sent him 20-30 feet into my rear end.

    Yet what's the best thing in my interest to do next?
    'and can someone explain the true meaning of 'No Fault' in NY State?

    The police who showed up stated that it didn't matter whose fault it was because of the 'No Fault' rule in NY.

    I haven't reported anything to the insurance company as of yet. 'and this all transpired today.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Rear Ended - 'Not at Fault' in 'No Fault State'

    No matter the circumstance, you need to report this to your insurance company immediately. Inform them of the accident, and supply them with the specifics; where, when, police report number, etc. They will take it from there.

    The most you could be liable for is your deductible. But depending on the situation, you may be able to recoup that from the other driver; your insurance company may do this on your behalf or instruct you on how to do this yourself.

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Rear Ended - 'Not at Fault' in 'No Fault State'

    I thank you. I feel so silly not knowing, but it's not every day or every year that one finds oneself in something like this.

    I was concerned about the $1000 deductible and had taken loads of photos of the scene which clearly show the 3rd driver's car far behind mine and the second vehicle With pieces of the 2nd car strewn about all over in between.

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Rear Ended - 'Not at Fault' in 'No Fault State'

    You're welcome. You may be able to recoup your deductible in small claims court, against the 3rd driver. Keep your evidence and obtain a copy of the police report which hopefully backs up your claim. However, be aware that you cannot be granted monies for lost wages or a rental cars; just the deductible. If you were injured, then that's a whole different matter.

    Again, file the claim with your insurance company immediately and ask them what your options are with regards to reclaiming your deductible.

  5. #5
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Rear Ended - 'Not at Fault' in 'No Fault State'

    Quote Quoting M'sta Mikey
    View Post
    You're welcome. You may be able to recoup your deductible in small claims court, against the 3rd driver. Keep your evidence and obtain a copy of the police report which hopefully backs up your claim. However, be aware that you cannot be granted monies for lost wages or a rental cars; just the deductible. If you were injured, then that's a whole different matter.

    Again, file the claim with your insurance company immediately and ask them what your options are with regards to reclaiming your deductible.
    Yeah, just got off the phone with my insurance company shortly ago.

    They explained everything. According to them my best bet right now is pursuing the second car's insurance and taking it from there. Good thing the second driver agreed with everything I said today and even told the police the same exact story after I'd already done so. But let's wait for the police report itself.

    I could have the insurance company take care of it for me but they say there are no guarantees regarding time or compensation for the deductible. Will investigate further.

    Thank god nobody hurt or anything like that. :-)
    Goes to show, no matter how safe you drive...it's never always safe enough. :-(

    Thanks again buddy.

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