Legal Question in Personal Injury in New York

lawsuit for personal injury

My son was backing up in a parking lot and although the kid walked into my son's car without looking, we have witnesses, he is suing us for one million dollars because his foot was injured. My policy is only for 100,000. Can they force me to sell my home? I have an umbrella policy now, but didn't at the time.


Asked on 3/01/07, 10:24 pm

4 Answers from Attorneys

Frank Pintauro Donohue & Partners, PC

Re: lawsuit for personal injury

You may have more coverage available to you. Any separate auto insurance policies of those family members that live with you may be available to the party suing. Also, the $1,000,000 asked for in the complaint is generally not a real number or reflection of how much money the plaintiff will recover. If you need a private attorney (I am attorney that works as counsel to insurance companies full time) please feel free to contact me.

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Answered on 3/16/07, 8:39 am
Matthew Hogan Law Office of Matthew S. Hogan

Re: lawsuit for personal injury

You always sue for more than you expect to recieve. Most likely your insurance company will settle the matter and you won't lose any personal assets.

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Answered on 3/15/07, 4:37 pm
David Slater David P. Slater, Esq.

Re: lawsuit for personal injury

Suggest you retain private counsel to work with your insurance company attorney. At some point, your interests may differ. I handle these all the time. good luck.

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Answered on 3/15/07, 4:38 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: lawsuit for personal injury

Relax. Just because a plaintiff asks doesn't mean they are going to get. A demand is simply that, they will have to prove fault and damages and what you describe doesn't sound like it's likely to arise to $1,000,000 in damages. Make sure the accident is reproted to your insurance company and let them handle a defense.

Should you decide at some future time that you needto hire separate private counsel you can always do so.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 3/15/07, 4:45 pm


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