What are my rights if I was parked under a RR station and a concrete slab fell from the overpass and totaled my car?

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What are my rights if I was parked under a RR station and a concrete slab fell from the overpass and totaled my car?

It is completely totaled and inoperable. Thankfully I was not in the car but I was hit with smaller debris while the transit police were on the scene. They advised I do something about not only the money back for my car but for the unsafe conditions and what could have happed if I was in the car. my question is do I go directly through insurance or doi drop the comprehensive claim and sue the railroad or transit authority directly for the damages?

Asked on September 22, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have relevant insurance, definitely go through your insurance suing government agencies, like the transit authority, is much more complicated and difficult than suing a private party, and you'll get your money must faster and more surely, and without incurring legal costs, through insurance and this is what you have insurance for--if you've never going to use it, why pay for it?. If your insurance will not cover this claim, then you'll have to sue in that case, hire an attorney to help you, and do it immediately, before more time passes there are generally strict deadlines for suing government agencies.


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