Legal Question in Insurance Law in New York

I driving in my car w/ my 2 kids when we were struck by a woman who was texting and ran a red light. My car was totalled- women was ticketed and clearly at fault as per police report. We both have same insurance Company- We did not have collision- The settlement amount as per adjuster was 11.5k for car- we also spent 200$ for car rental. The women is only insured up to 10k, which they will pay to us if we sign a waiver agreeing not to sue her for rest- Is this legal? We were struck! Why can't I sue for remainder owed???


Asked on 3/02/11, 9:24 am

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

There is something wrong here. NY requires drivers to carry $25,000 of liability insurance. Even if the driver is from out-of-state. You are being defrauded by the insurance company. Contact the State Insurance Department (http://www.ins.state.ny.us/consindx.htm) and file a complaint.

Also, are you sure (really really really sure) that your daughters were not rendered sick, sore, lame and disabled? And you should have supplemental uninsured/underinsured coverage under your policy, so your company is defrading you big time.

Your case is not big enough to get my firm's attention unless your daughters or you were injured, but that's no reason to put up with the insurance company's fraud.

Read more
Answered on 3/02/11, 9:35 am
Daniel Friedman Law Offices of Daniel Friedman

I recommend that you sign nothing until you speak with an attorney, because you do not want to waive your right to sue, not just for the full property damages but for any potential bodily injuries that may have been sustained. You may contact me directly via e-mail at [email protected] or phone 917-406-8568.

http://df-esq.com/

Read more
Answered on 3/02/11, 9:38 am


Related Questions & Answers

More Insurance Law questions and answers in New York