What to do if my motorcycle was totaled while it was parked on the street?

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What to do if my motorcycle was totaled while it was parked on the street?

The driver hit 5 other parked cars too. The combined damage estimate for all the vehicles is over 30k. The drivers liability insurance only covers up to 10k. So instead of getting the $3600 I was told I would get, I’m only getting $1100 because they had to prorate everything to divide the money up equally between all parties involved. The person that hit our vehicles was found 100% liable for the damages. Since his insurance doesn’t cover everything I’m getting a fraction of what I should. I want to try to take this person to court and get the full amount I am owed. What are my chances of winning and actually getting paid. Do I have a case?

Asked on October 3, 2012 under Accident Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a case; you should sue this person and the insurance company if yours was the first hit, especially. As to your success, if you win, you will then need to separately go through the process of collecting on the judgment; such as attaching a lien to his bank accounts, garnishing wages, liens on his home or even working with the court on a pay plan. 


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