Legal Question in Insurance Law in New York
auto law
i was in an auto accident that was not my fault the person at fault only had 25,000 dollars of insurance for loss and damages to vehicles but the total of damages are 30,000. my claim is going to be prorated who is responsible for the rest of my losses and how do i get the money wich is owed to me?
1 Answer from Attorneys
Re: auto law
More facts are needed. How many vehicles, how much damage, and what is the apportionment of fault to each of the participants.
Here's the problem: there is only $25,000 of coverage, and the damages exceed that. There is no guarantee that the insurance will be prorated. There is a world of opportunity here for you to end up holding the bag, especially if the other participants get their cases on the calendar before you get yours ready for trial.
If the case settles, it will undoubtedly include your issuing a general release in favor of the other drivers and owners, so you will have no further recourse.
I'll assume you do not have collision insurance on your car, because if you did, this problem would not exist.
The only way you could get made whole would be to go to trial, win, and enforce the judgment against the defendant's property. Of course, very few lawyers will take such a case. And even then, you will still be out of pocket for the attorneys' fees. This case boils down to your own lack of care in failing to insure your vehicle or in failing to process a claim against your insurance.
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