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What am I Entitled Too?
(Long Island new York)
Hello, My wife was in a vehicle accident about 10 days ago (we live on long Island, New York). It was not her fault as the other vehicle disregarded a red light. The police report and witnesses confirmed our account as well as the driver at the scene. However when the other driver reported the accident to her insurance company she claimed it was my wife's fault and the insurance company delayed taking responsibility until they got the police report, ultimately they have accepted 100% of the blame.
Nobody in my family was seriously hurt except for a minor bloody lip when my 4 year old daughter bit it on impact.
However this whole incident has been nothing but a headache, I have lost at least 10 working hours filling out paper work and dealing with the various aspects of the claim. The accident also occurred on the first night of our holiday causing us to miss our party and comfort our daughter all night cause she was scared.
To add to this headache the insurance company (not mine, the at fault vehicle's carrier State Farm) has been dragging their feet on visiting my car at the body shop, the car is not drivable and has been sitting waiting for them for 7 business days)
They have given me a rental but the rental is not an equal exchange to the vehicle that was damaged. Overall thank God everyone is OK, but this has caused me significant time and headache and I do not feel the insurance company has been helpful as evidenced by the time they have taken to adjust my car.
My question is what am I entitled too from a settlement perspective besides monies for the damage to my car? Can I seek restitution for my time and mental anguish? Are they liable to me in any way based on their delay in reviewing my claim? Should I take the driver of the other vehicle to small claims court?
I am simply looking to make myself whole I estimate my damages (besides the car) to be in the area of $2500 - $5000 when I consider the time and anguish factor. What do you advice?
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