What can I do if another party's insurance company denies fault in New York?

I live in New York and was rear-ended during a snowstorm. The other driver's insurance is denying liability due to weather. I've spoken to a lawyer and they are recommending I take my case to small claims court. If I do this, how will repair costs be determined?

“If the other driver’s car insurance company is denying fault, you’ll want to inform your insurance company. If you are truly not at fault, they can help you pursue compensation from the other driver or insurance company.
You should also make sure you have a copy of the police report, if you filed one. It will state who was at fault in the accident.
Depending on what coverage you have, your insurance may cover the repairs to your vehicle. With collision coverage, any damage done to your vehicle would be covered after you pay your deductible. Your insurance company could then seek reimbursement from the other driver or their insurer.
If the case does go to court, the amount of repairs would already be decided. You most likely will have paid for them and would be seeking reimbursement from the at-fault party. “
Emily Maracle
Answered on May 07, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.

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