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  1. #1
    Join Date
    Oct 2019
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    1

    Default NYC Police at Fault Auto Accident

    Rear ended by unmarked police officer in NYC, I have the accident report documenting his fault. now what do i do? my insurance told me to file a claim with the city’s insurance. How do i do that, i cant find anything online.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,458

    Default Re: NYC Police at Fault Auto Accident

    Quote Quoting lustmatt
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    Rear ended by unmarked police officer in NYC, I have the accident report documenting his fault. now what do i do? my insurance told me to file a claim with the city’s insurance. How do i do that, i cant find anything online.
    You don't file a claim with the city's insurance. Indeed, the city may be self-insured. You file a claim with the city itself. If the city has an insurer it will notify that insurer itself.

    Your claim is what in the law is known as a tort claim. Tort claims include claims for compensation for personal injury and property damage through negligence, among other things. When you have a tort claim against the government, quite often special rules apply that do not apply if you were suing a private person or company. And one of the common rules you see in many jurisdictions is that you must first make a written claim for your damages with the agency that caused the damage or with some other agency that the law designates that has the power to review and approve claims. The time for submitting those claims is often not all that long; somewhere between 30 and 120 days is pretty common.

    It appears that in NY tort claims against a city require a notice to the city within 90 days of the event that resulted in the claim. See NY General Municipal Law § 50-e. For NYC, you make the claim with the NYC Comptroller. The Comptroller has an internet page that explains how to file a claim. That page has links to the form you need and it appears you have the option to file the claim electronically. If yours is a large claim you may want to consult an attorney have the attorney file the claim with the Comptroller for you since what you say in that claim will impact how much, if anything, the Comptroller will offer you and will impact how things go in a future lawsuit if you cannot reach agreement with the Comptroller on compensation for your claim.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,285

    Default Re: NYC Police at Fault Auto Accident

    I realize this is a couple of weeks old but deserves comment.

    Quote Quoting lustmatt
    View Post
    Rear ended by unmarked police officer in NYC, I have the accident report documenting his fault. now what do i do? my insurance told me to file a claim with the city’s insurance. How do i do that, i cant find anything online.
    If you have Collision coverage then whoever told you that is wrong. Your Collision coverage is your primary coverage and your insurance company has a contractual obligation to pay for your repairs, not send you off to hassle with the city. You'll be out your deductible temporarily until your insurance company is reimbursed by the city.

    Of course, if you don't have Collision coverage follow this link:

    https://comptroller.nyc.gov/services.../file-a-claim/

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