Second car owner not receiving insurance payout after Oct. 26 crash

Jan. 21--PLATTSBURGH -- Klaus Baumgarten wasn't driving his car in the early morning hours of Oct. 26, but he's still on the hook for damages caused to it that day.

Baumgarten's 2014 Honda Civic was parked on Clinton Street on Oct. 26 and was struck by the same police vehicle that totalled Jonathan Parker's car that day.

"I was in bed already, but I heard a crash," Baumgarten said. "I was looking down there and thought, 'Oh that looks like a mess,' but at a certain point I looked over and realized how close the cop car was to my vehicle."

'IT'S SORT OF IRONIC'

Following the crash, Baumgarten, 33, said he left his Clinton Street apartment and spoke with city police officers working on a report of the incident.

Baugarten counts himself lucky that damage to his car was far less than to Parker's, losing just his back bumper in the collision.

"It's completely drivable," Baumgarten said. "It's sort of ironic because an hour or so before I was talking to a friend saying I wanted to trade my car in, but I clearly can't do that until I get the bumper fixed."

'THINK THAT'S NONSENSE'

On top of his $500 deductible, Baumgarten said that the cost of replacing the bumper will be $700 to $900.

In the time since the crash, Baumgarten has, like Parker, gotten word that the city's insurance company does not have to pay out for the damages to his vehicle due to the incident occurring "during the course of a call to duty by our insured police vehicle", which, under Section 1104 of the New York State Vehicle and Traffic law, makes the operator of the police vehicle immune from fault unless they are "operating in a reckless manner."

But Baumgarten, like Parker, took exception to the idea that there was no "operating in a reckless manner" by the officer driving the patrol vehicle.

"I think that that's nonsense," Baumgarten said. "Besides clearly going through a stop sign without having his lights on, it's a blind intersection."

EXERCISE ALL RIGHTS

When originally asked about Parker's situation, Plattsburgh City Mayor Colin Read said, "I am asking our attorney to look further into why this claim has been denied, and am encouraging the vehicle owner to exercise all his rights in this process."

When he was more recently asked about both Parker and Baumgarten's statements, he said, "I am still trying to find a solution to this very unsatisfactory situation."

Regardless, Baumgarten hopes that resolution will come soon.

"It isn't a ruin-my-life amount of money, but it's still not something I should have to pay."

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