Imagine one night you come home and park your car and go inside to your apartment. You come back the next morning and your new car looks like the front was just squashed by a garbage truck or something else. You call your insurance company. Your insurance company sends somebody out to look at the car, they do an investigation, and they tell you don’t worry, you’re covered for this. A few days later you get a letter in the mail and the letter says, “Our investigation reveals that the vehicle was being driven at the time of the accident and is inconsistent with what you’re telling us so we’re not going to cover your claim.” There are no witnesses that you know of. The car was just sitting out there.
We have experience with these cases because there are witnesses, not live witnesses, but there are sensors and data recorders in the vehicle and if the vehicle is moving and is involved in an accident, they will register something. If the vehicle was off and not moving when something happens, that is indicative also that the vehicle was not in motion. We are successful in having these readouts examined by an expert in this area and presenting it to the insurance company. Usually we’re able to resolve these cases without having to start a lawsuit.
Calling an attorney after your car has been damaged is one of the most important things that you can do to ensure that your case is properly handled and that the insurance company does not just write off these damages as something that happened when the car was moving but you know that it was, in fact, parked at the time that the damages occurred.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.