What are my rights if the driver who hit me was incoherent?

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What are my rights if the driver who hit me was incoherent?

She didn’t know what had happened. Now it’s been 2 weeks and her insurance company says they can’t get in contact with her, so they are holding up claiming any liability for my damage done to my car.

Asked on September 11, 2013 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sue her--that's how you force the issue. Her insurance company will have to step in to defend her and (if you win) indemnify her (pay for the damage she caused, if you prove she was at fault). If the amount at stake is less than the small claims limit in your state, you may wish to file the action pro se (acting as your own attorney) in small claims court; otherwise, consult with an attorney.


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