Am I entitled to be reimbursed for the damage to my car or property?

Every car in New York is required to be insured for at least $10,000 in property damage insurance.  If you have comprehensive insurance including coverage for your own property damage, then you can put the claim into your own insurance company.  Going this route is usually faster than claiming against the other car that caused the accident.  However, you may have to wait to be reimbursed for your deductible.  Your insurance will then go after the at fault vehicle’s insurance company (subrogation) and will reimburse you the percentage of your deductible that they recover.  For example, if they only recover 50% from the other car’s insurance, then you will only be reimbursed 50% of your deductible.

If you don’t have comprehensive coverage or if you want to proceed directly against the other party at fault for damaging your car, you can make a claim for your property damage through that party’s insurance company.  If that party is less than 100% at fault for the accident, then their insurance company only has to pay for their percentage of fault.  For example, if both of you are claiming the other vehicle ran a red light and their insurance company doesn’t know who is telling the truth, they may only offer you 50% of your damage.

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