Legal Question in Personal Injury in New Jersey
accident law suit
is it possible that it tok a attorney 5 years to tell us that the insurance co had only 25,000 coverage on a accident my daughter was injured in.all along it was supposedly 100,00. even in arbitration , arbitrator set it for 85,000.now after all this time attorney notified us that insurance co said drivers coverage was 25,000.isnt this one of first things a attorney would find out apon taking case.its seems wrong to me.please help
2 Answers from Attorneys
Re: accident law suit
Usually, the attorney will find out during discovery what the policy limits are.
The more important question (after finding out the defendant's policy limits and anyone else who may be involved) is what your UM/UIM Coverage limits.
UM/UIM=Uninsured Motorist Coverage/UnderInsured Motorist Coverage.
If your policy limits (or available policy limits) are higher than $25,000 then you can settle the case against the Defendant (with notice to you insurance company) and proceed to UM/UIM Arbitration to receive the full value of your case.
Check the applicable policy on the date of the accident... or ask your lawyer about UM/UIM Coverage.
Re: accident law suit
I agree. Sounds a bit strange, but not unheard of. The lawyer should have found out the policy limits immediately at the start of the "discovery" period. You should ask the lawyer what he/she did, and ask for a copy of the defendant's "declarations" page. Also, ask your lawyer if there is any other coverage in the defendant's household that might be applicable.
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