Insurance problem

Good morning

I was involved in a hit & run accident back on November 30th, 2005
and
the following is a description of what happened, and the troubles
I've
faced since then getting my car fixed. Please keep in mind I'm
totally disabled (not due to the accident) and therefore can not afford
any attorney

I didn't want to place this through my insurance since I wasn't the
cause - and Geico Insurance (my insurance company) didn't assist in
directing me on
what to do, or who was the name of the other party once they came
forward
to collect from their insurance company.


On November 30th 2005, I was traveling North bound on Elmwood Ave. in
Buffalo, NY - the weather was cloudy but the streets were dry. At
approx
2:20PM while I was approaching the intersection of Elmwood Ave & Allen
an
SUV was waiting for me to past - they were turning left (east bound)
as I
entered the intersection and out from behind this SUV a car appeared
turning left (east bound) right in front of me.

I had slammed on the brakes and could not in any other way avoid this

accident - regrettably no one bothered to stop acting as a witness in
this
fairly busy intersection. Within a minute or two my neck seized up and
thankfully the fire station is on the next corner and help quickly
arrived.
Within 3-4 minutes of this accident I was rushed to Buffalo General
Hospital. By the time the emergency got there the car that caused the
accident already fled - the police (District B - police report # 05

3340453) wrote this up as a Hit & Run.


Now shortly after that I received a call from New York Central
Mutual
company that their client (no name was given) was involved in an
accident
and that they wanted to verify if I was the other car. There client
actually went to the police station for a copy of this stunt, and then
called their insurance company. They did have to show ID and they were
given the police report with no questioned asked. Once the insurance
company established that I was the other car - they basically said have
a
nice day and hung up. Now I was still stranded not knowing who to go
after
or to report. Within a week this insurance company did send out an
appraiser and they gave me the impression that they were taking full
responsibility which turned out to be a joke.








Their appraiser came to the conclusion that $900+ was my damage -
thinking that they would be paying this I was rather discontent when I
received a letter on 2/8/05 indicating they would only pay $479.70
since
they believe I was half of the problem - me, driving and having the
green
light and the right of way. At that point I attempted to gather
information
on whom to go after since the city of Buffalo small claims office told
me I
couldn't sue another's insurance company.


Not to long after that I talked to the accident investigator and
found
out the other parties name. Now why getting his name was such a problem

I'll never know. Let's face it - if I wasn't taken to the
hospital I would
have known that day - if it wasn't a hit and run. We would have
exchanged
info and that would have been it. What really blew my mind was that no

charges could or would be filed against this guy since I was able to
leave
the hospital the same day, just with a very sore and still troublesome
neck
pain that I have told my Doctor.

Not being an attorney nor being able to afford one since I'm
totally
disabled I filed a claim against the other cars registered owner in
Buffalo
small claims thinking that they would have their insurance company
there to represent them and that was mistaken. The owner of the car,
and the driver were the only ones there. We each spoke to the judge and
since I wasn't thinking, I never brought in photos to prove my case
- just 3 estimates ranging from 1300 - to nearly $1800. The court
ended up rewarding me $825 which now means I have to file a Trial De
Novo to go back and to prove my case completely. Shortly after that I
received a letter from New York Central Mutual Company indicating that
since "I" didn't notify them of my court action - that they are
no longer responsible.


That is why I'm contacting you and everyone else I can think of. I
have
hard copies if you need them, and I will be calling your office within
a
week's time.


Thank you in advance;

Mark H. Baker
772 Richmond Ave
Buffalo, NY 14222
716-885-6314


New York Central Mutual
Fire Insurance Co.
PO Box 737
Sherburne, NY 13460
1-607-674-7000
1-800-234-6926



Policy # T549475

 

wrote in

Public Defender / Legal Aid.

Then you won't be penalized, no?

 

You are obligated to report all accidents to your insurance company even if
they are not your fault. Sometimes even after a party admits fault they
change their mine and sue you. If you haven't reported the accident your
insurance may not help protect you or pay up. Check your policy. It is a
contract.

Many lawyers will handle accidents on contigency. Check your phone book. A
call by the lawyer will probably get the guy charged with hit and run. The
judge will probably make him pay up to avoid jail time.