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Originally posted by Tump
Problem with suing the malfeasant is that he lives and drives in PA. The accident took place in NY while he was on vacation and I believe that short of hiring a PA atty, my only option is to bring suit against the ins. co. in NY. I'm only admitted in NY and CT.
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I don't understand the problem; you ought to have sufficient NY jurisdictional contacts to sue the driver in NY -- just serve him in PA [not a big deal; there are service of process companies which will do it for you] and when you get the NY judgment, have it registered in PA for enforcement. His ins co will step in to defend him in NY.
Quote:
Originally posted by Tump
The MB certified mechanics/auto body shop have not and will not cut corners to meet ins. co. price guidelines. All replacement parts are O.E. AMG and all repairs are done to MB spec. using MB procedure. They claim that the ins. co. has already forfeited its right to inspect and pre-approve the repairs made necessary by this accident and claim that the ins. co. must now pay them for all repairs regardless of price. The only draw back to this position is that the mechanics insist that they will not release the car until the ins. co. pays them. The ins. co. has not yet either refused or agreed to pay for all supplemental repairs, but the adjuster has informally stated that he would approve these repairs. All parties are understandably concerned and careful about repairing a NY litigator's ostensibly (formerly?) collectible Benz.
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Per my prior note, this is what I forsaw as a real problem -- you won't get the car until the body shop gets the $$. If I were the ins co, I'd settle everything or nothing, but if you can settle for everything other than the diminishment in value and agree to disagree on diminishment (and later litigate on that one issue), then that's the way to go if you want to fight that battle. Otherwise, if the car drives and looks OK, take the $6MM and chalk it up to experience.