Hit and Run w/witness

[zerothyme]

My car was parked on my block in Manhattan and was hit by a cab. His passenger witnessed it and left a note for me with the medallion number. I filed an accident report and started the claims procedding with the cab's insurance company. They estimated the damage at $647 and I was told the check was in the mail so I went ahead with the repairs. I had to act fast because my car was up for inspection and would not have passed otherwise. I recieved a letter in the mail from the insurance company stating that they will only pay a portion of the claim in good faith but not in full because they are not obligated to cover the claim that their insured never reported. They stated that it is their policy not to under those conditions. It sounds odd to me because it seems too easy to avoid paying hit and run claims even with witnesses with such a policy. I've tried to get help from my insurance company and without more than liability coverage they aren't willing to make more than a slight attempt to get the claim paid. They have told me however that the claim must be paid regardless of the so-called policy. How do I enforce the claim be paid?

[judg4]

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior... You may also report them to your state attorney general's office.