Drunk driver hit my car New Years Day

[newyearscaraccident]

Jurisdiction

New York

I live in New York City in Brooklyn. I was told by a neighbor that what he thinks is a drunk driver hit the side door of my car and then pulled over down the block and parked. The neighbor heard the car being hit, went to the window, and could see the car next to mine and a broken window from the distance. He didn't want to get personally involved so he called the police. He saw the person pulling to the side and park. The police arrived shortly after. I don't know much more. Nobody else contacted me yet. I want to call the police and find out the circumstances. But I thought I should understand what happens before I do and get some input on the best way to handle this. Does anyone know if the police contact a car damage victim?

I have never had an accident and never had any dealings with my insurance except for paying them every month. I heard about no fault insurance and am nervous if it applies in New York and about having my insurance go up because of something that isn't my fault. If coverage for a few thousand dollars is going to cost me a big increase every month, the cure might be worse than the problem. Can anyone give me some thoughts on what happens with car accident insurance?

 

[Michael Wechsler]

Sorry to hear about the accident with your parked car. We don't know the details. I can't say what you should to but am sympathetic to the problem of exponentially increasing insurance rates and not wanting to, as they say, "poke the bear." The following is not legal advice, just what I have heard about general application.

1) Check your insurance policy. It's likely that all accidents are to be reported, whether or not you are at fault. Failure to do so may have severe consquences.

2) That said, While New York State is a no-fault state, since you weren't in the vehicle and didn't suffer personal injury, the doctrine of contributory negligence would be used. In essence, the amount the victim may recover is reduced by how much the victim may have contributed to the damages as per Civil Practice Law and Rules Section 1411 - Damages recoverable when contributory negligence or assumption of risk is established

§ 1411. Damages recoverable when contributory negligence or assumption of risk is established. In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.​

So if you were parked illegally in a spot that could increase the chances of an accident, your recovery might be reduced by that amount. Getting a police report that would support your assumptions made above would seem to place such a burden most likely on the driver's carrier to pay out. No one can tell you what ultimately might happen. But I woul check your policy first and make your own decision. Good luck and a happier new year to you.

 

[Zigner]

This may seem like it's obvious, but your post didn't mention it. Was your car actually hit? What is the damage? Have you filed a police report?

 

[Michael Wechsler]

Good question. Perhaps the poster doesn't yet know, might be away for the holiday. It sounds like the police have not yet been contacted and the car owner is wondering whether this is going to be a bigger headache than it's worth. I've heard that auto insurance premiums have increased over 50% in the past 5 years. I wonder what the impact might be by adding an accident and damage report.