NYC Comptroller confronted about denial of couple's claim for totaled car in NYPD pursuit
NEW YORK (WABC) -- Eyewitness News 7 On Your Side Investigates is stepping in again to try to help a couple from Brooklyn whose parked car was totaled during an NYPD high-speed pursuit. The New York City Comptroller's Office is refusing to pay for the damage to their car, which was parked just outside their apartment.
When investigative reporter Kristin Thorne did the story last month https://abc7ny.com/car-totaled-nypd-high-speed-pursuit-7-on-your-side-investigates-eyewitness-news-exclusive/14404731/, she requested an interview with Comptroller Brad Lander to review the claim. His office declined.
This week, Thorne tracked down Lander at a City Council budget hearing. She asked him why, despite having surveillance video and pictures that clearly show the unmarked NYPD car destroyed the couple's car, his office denied the claim.
"There were multiple parties and complex circumstances that prevented a pre-litigation settlement and make this case appropriate to be settled in court," he said. "And I say that with real sympathy to everyone who was affected by it."
"This is not complex at all," Adam Rizer, the owner of the car, told Thorne during an interview following the Comptroller's comments. "I can imagine a complex situation, but not this. The police crashed into our car because they decided to engage in a high-speed pursuit."
Rizer, of Bushwick, has been fighting to get the city to cover not only the cost of his car, but also the storage fees at the auto body where the NYPD towed their car to. Those fees now total nearly $4,000. The city is also refusing to pay back the Rizers $200 for the tow of their car, which was done by the NYPD.
"It's causing an enormous amount of anxiety and stress day to day," Rizer said.
When Eyewitness News first met with Rizer and his wife, Elizabeth Rizer, we reviewed surveillance video which clearly shows police flying through a red light on Central Avenue, t-boning one car and then smashing into the Rizer's parked, gray Jeep.
The Rizers obtained an NYPD police report, which confirms the undercover vehicle struck their car.
In the report, which Eyewitness News reviewed, the police car is referred to as Vehicle 1, the car that the police t-boned is referred to as Vehicle 2 and the Rizer's car is referred to as Vehicle 3.
The report states, "While following a possible stolen vehicle, vehicle 1 did collide into vehicle 2. Vehicle 1 did then collide into vehicles 3 and 4." Vehicle 4 was also parked on Central Avenue.
After weeks of going back and forth with the city Comptroller's Office - providing the office with the surveillance video of the accident, the pictures and videos of the police car smashed into theirs and the NYPD police report - the city informed the couple it was not going to pay for the damage to their vehicle because the city was not "legally responsible." The city wrote in a letter to the couple on January 24, "In reference to the above captioned claim, please be advised that our investigation reveals that a third party may be responsible for your loss or injury." The letter then referred the couple to Hertz LLC.
Elizabeth Rizer followed up with an email to the city Comptroller's Office asking for clarification on the third party and why the city was referring them to Hertz.
The case worker responded in an email, "Hertz is named as the party striking your vehicle in the police report."
According to the NYPD police report obtained by the Rizers, Vehicle 2 - the car that the undercover vehicle t-boned - was a rental car with Hertz. However, the report makes no mention of that car - Vehicle 2 - hitting the Rizer's. The only car that is mentioned as colliding with the Rizer's is Vehicle 1 - the police car.
Elizabeth Rizer did contact Hertz. She received an email from an adjuster with their insurance company stating, " Based on the video footage, I would put fault on the police chase. NYPD and the city of New York should also contribute to the damage settlements."
Elizabeth Rizer sent the email to the Comptroller's Office. A case worker responded, " There is nothing more we can do with regard to this claim. If you wish to pursue this claim, you may file a lawsuit in court. Lawsuits must be filed in court within 1 year and 90 days of the date of the incident."
However, not only can the Rizers not afford an attorney, they are unable to find an attorney willing to take their case. "There's not enough money in the case because there was no personal injury," Adam Rizer said
"We just hit dead end after dead end," Elizabeth Rizer said.
----------
DO YOU NEED A STORY INVESTIGATED? Dan Krauth, Kristin Thorne, and the 7 On Your Side Investigates team at Eyewitness News want to hear from you! Call our confidential tip line 1-877-TIP-NEWS (847-6397) or fill out the form BELOW.
----------
* Get Eyewitness News Delivered
* Download the abc7NY app for breaking news alerts
Submit a tip or story idea to Eyewitness News
Have a breaking news tip or an idea for a story we should cover? Send it to Eyewitness News using the form below. If attaching a video or photo, terms of use apply.
