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Conference 35.181::insurance

Title:Insurance Industry Conference
Moderator:ICPSRV::DOVE
Created:Thu Feb 18 1988
Last Modified:Wed Feb 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:136
Total number of notes:551

97.0. "Hit-n-Run!! HELP!!" by SALEM::NAGARAJAN () Mon Apr 09 1990 09:45

    (Cross-posted in Carbuffs).
    
        HELP!!
    
    I was involved in a hit-and-run accident in Flushing, NY
    yesterday. The other car was a taxicab who ran a STOP sign
    at an intersection where I had the right of way. I The cabbie banged
    my car  on the drivers side and immediately reversed and disapperared
    even as I was motioning him to stop. I came *VERY* close to death!
    My car is badly damaged. I tried to squint to read his
    license plate #, (my glasses fell on the floor on impact) but couldn't.
    BUt fortunately for me, hios front license plate fell off on impact
    and I could lodge a complaint with the police using that evidence!!
    
    The police told me I should sue this cabbie driver.
    
    I am in touch with my insurance company. But what do I have to do
    sue him? I missed my friend's wedding, hurt my back and am suffering
    mild concussions. 
    
    What are my rights? How do I go about teaching this reckless NY
    driver a lesson???? (BTW, the police have found out his name, address,
    insurance company code etc.). What should I do from here?
    I have never been in an accident before. Should I talk to the other
    insurance company if they call me? How can I get maximum 
    compensation for the mental anguish caused to me? I could have died
    and no one would have known because the cab driver didn't even stop
    to see if I was alive or not.

    Any advice will be gratefully accepted. (BTW, my insurance company
    is USAA, in case you want to know).
    
    Regards
    Gopal.
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97.1Talk with USAA or your lawyerFOOZLE::BAKERFri Apr 13 1990 16:2710
    I am always surprised at the NYC police. I would have thought that the
    Taxi driver was in violation of a number of laws (leaving the scene of
    an accident for example) and that they would have taken him to court.
    My suggestion is to call USAA and ask them these questions -- or talk
    to your agent. Failing all that talk with your lawyer. It sounds as if
    you have many bases for legal action, but in a court it will be the taxi
    driver's word against yours and you can never tell how that sort of
    case will turn out.
    
    Good luck.
97.2Talk to a lawyerFACT01::MCMAHONPaul McMahon-386 PC's of interest, part time hackerWed Apr 18 1990 18:4415
Evading responsibility is a misdemeanor in most states.  Charging the cab
driver and arresting him is the responsibility of the police.  In this case
they don't seem interested.  You  probably are not going to get very far
trying to prosecute the cabbie yourself.  I suggest that you work with
USAA (who has an excellent reputation) and get your immediate claims 
problems settled -- repair of your car, medical bills, etc.  If you feel
you should have further compensation then talk to a lawyer.  In the meantime
make sure you document everything, file accident reports, get X-rays, go to
doctors to establish your case.  If you are out of work, you can claim
reparations from your no-fault insurance (I think NY is a no-fault state)
even though DEC pays you while you are out of work.  Generally you should 
talk to a lawyer about what your rights are and what the process is that
you need to go through soon to make sure that you do all of the things 
that you need to do.  
Paul.